ALJDEC - Licensing
2024A-01592-CHC-ROC · Registrar of Contractors · 2024-11-04
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Pamela Stephens,
COMPLAINANT,
v.
Barcelo Builders, LLC
License No. ROC 276956,
RESPONDENT.
No. 2024A-01592-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 14, 2024, with further hearing on October 21, 2024
APPEARANCES: Complainant Pamela Stephens appeared on her own behalf. Mark Saric, Esq. represented Respondent Barcelo Builders, LLC. Javier Barcelo was present on behalf of Respondent Barcelo Builders, LLC. Arizona Registrar of Contractors Investigator Mark Nipp appeared as a witness.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: Complainant Pamela Stephens’ Exhibits 1-12; Respondent Barcelo Builders, LLC’s Exhibits 1- 7, 10, and 11
FINDINGS OF FACT
Barcelo Builders, LLC (“Respondent”) is the holder of License Number 276956 issued by the Arizona Registrar of Contractors (“Registrar”). Javier Barcelo is Respondent’s Qualifying Party and sole Member.
On or about July 3, 2023, Pamela Stephens (“Complainant”) contracted with Respondent for Respondent to remodel her house including “structural changes, an addition, new framing/electrical/plumbing/HVAC/insulation.” The contract price was $186,276.00.
On or about February 17, 2024, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to Respondent’s scope of work.
The Registrar assigned the Complaint to Investigator Mark Nipp. After a March 19, 2024 Jobsite Inspection, Investigator Nipp issued a Written Directive to Respondent, dated April 8, 2024, that provided as follows:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A) (22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, April 26, 2024.
You are directed to remedy the following violations by the appropriate means:
Compliance Item #2: ALL LVP: Moisture barrier underlayment not installed under all LVP per manufacturer instructions
Investigator’s Observation: Verified
The Complainant pointed out that the LVP flooring at the front door could be gently pulled up. The Complainant pulled the flooring up about 1⁄2 inch and I could see there was no underlayment.
The flooring is manufactured by Cali Vinyl Longboards. I reviewed the installation instructions and noted that an underlayment is required, pursuant to the floating click-lock luxury vinyl longboards plank installation manual (20240322_Cali floors LVP installation guide_2024-01592) which state the following:
During installation, it is the installer’s responsibility to document all jobsite conditions and measurements including the installation date, site relative humidity, temperature, and subfloor moisture content. This information must be retained by the installer and left with the property owner as a permanent record. For a complete list of points to address prior to installation, refer to the NWFA Jobsite checklist.
Even though CALI Vinyl Longboards Plank Flooring is waterproof it is NOT considered a moisture barrier. CALI always requires the use of a moisture barrier (like 6mil plastic) on concrete.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 4
Compliance Item #4: Baseboards: Where new ones are installed, they are not flush with LVP flooring in some areas
Investigator’s Observation: Verified
I inspected three areas in the front rooms where the baseboards did not meet the LVP flooring. The areas surrounding the gaps were tight to the LVP flooring. The LVP flooring is installed as a floating floor and requires an expansion gap in order to expand/contract with environmental changes without causing the floor to buckle. The baseboards effectively ‘pin’ the floor in place which can lead to the failure of the floor. The gaps seen are indicative of improper leveling of the subfloor.
The flooring is manufactured by Cali Vinyl Longboards. I reviewed the installation instructions and noted that an expansion gap is required, pursuant to the floating click-lock luxury vinyl longboards plank installation manual (20240322_Cali floors LVP installation guide_2024-01592) which state the following:
Expansion gaps: Even though CALI Vinyl Longboards Plank will have very minimal expansion and contraction it is still required to leave 1/4” expansion space around the perimeter as well as all fixed objects (tile, fireplace, cabinets).
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 5-10
Compliance Item #8: Bathroom 1: Tile around outlet applied poorly (by toilet)
Investigator’s Observation: Verified
I saw that there was a saw cut in the tile under the outlet cover and visible. I also saw there was a large area of missing grout on the right side of the same wall tile.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 12
Compliance Item #9: Bathroom 1: Tile transition strip is peeling / cracked
Investigator’s Observation: Verified
I saw that the tile/LVP flooring transition was completed with some type of silicon applied between the two types of flooring material. The silicon was cracking and peeling away. Correction Required
I also noted that the transition between the two flooring types was not level (P14). I used a 9 inch level as a straight edge and the tile/LVP transition is ‘peaked’, causing the level to rock end to end. The peaked transition causes a tripping hazard. Correction Required.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 13-14
Compliance Item #12: Bedroom hall: Old light switch not covered up/patched. Compliance Item #122 includes all appropriate notes for the following compliance items of similar nature:12, 32
Investigator’s Observation: Verified
The Complainant pointed out abandoned electrical boxes that had not been removed or covered. I saw that there were non-functioning electrical boxes that had not been properly removed and/or covered. This condition was reported in various locations throughout the house. Those items with similar allegations will be added to this compliance item. This condition was present in the following locations:
Bedroom Hallway
Dining Room
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 17
Compliance Item #14: Bedroom hallway: Paint/drywall has obvious imperfections
Investigator’s Observation: Verified
The Complainant had the areas she was concerned with marked with yellow sticky notes with the #14 on them.
I inspected the areas the Complainant pointed out and noted the following. There were scuffs throughout the hallway and I noted the paint had not covered completely. There were slightly different shades/sheens throughout.
I noted that the drywall had multiple areas with fields of pinholes (P26), tool marks (P21, 24-25), irregular texture (P18-20, 23-25, 27, and chips (P28-29).
ROC Workmanship Standards for Licensed Contractors (June 2009) states,
Interior paint that inadequately covers the surface is not acceptable. Interior paint should be applied according to the manufacturer’s specifications and in a sufficient quantity to visually cover all specified areas. The drywall conditions did not appear to have been complete in a professional and workmanlike manner.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 18-30
Compliance Item #16: Contract terms: Construction was supposed to be completed Nov 20, 2023, still not complete.
Investigator’s Observation: Verified
During the course of the Jobsite Inspection, I noted that the entire project is incomplete. The home is barely functional and there are un-installed construction materials in every room, creating a safety hazard. In fact, the Complainant tripped on materials during the Jobsite Inspection and almost fell.
I reviewed the construction contract (ConstructionContract.pdf) and noted that line item #9 stated that the project was to be completed on or before November 20, 2023.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) ALL
Compliance Item #22: Damage: Front Sliding Door sill broken from subcontractor traffic, equipment traffic, and damaged from concrete pouring
Investigator’s Observation: Verified
The Complainant explained that the sliding glass door was brand new and pointed out the damaged areas.
I inspected the sliding door and noted the following. There were dents/chips in the bottom track, indicative of dragging heavy object across the threshold. I also noted that the bottom frame on the inside lower door was coated with, what appeared to be, concrete. As a note, this room was previously a “sunken” living room and the Respondent filled the room in with concrete. I also saw that someone had used Tyvek tape on the glass and wrote, “Do not use” on the tape. I saw that the tape residue was extremely well bonded to the glass and would not come off.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 34-36
Compliance Item #23: Damage: Paint Overspray on tile floor and LVP floor in several areas
Investigator’s Observation: Verified
I saw that there was paint overspray on the tile and LVP flooring throughout the entire house. The painting was not done in a professional workmanlike manner.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 37-46
Compliance Item #29: Dining Room: LVP flooring installed before slider door; gap between floor and slider
Investigator’s Observation: Verified
I inspected the LVP flooring at the dining room sliding glass door and noted that the LVP flooring was installed without an expansion gap. I reviewed the manufacturer’s installation instructions (20240322_Cali floors LVP installation guide_2024-01592) and noted that the manufacturer requires a 1⁄4 inch expansion gap for floating and glued floors.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 49-50
Compliance Item #35: Entryway: New lintel added to accommodate new front door rough opening
Investigator’s Observation: Verified
The Complainant explained that the Respondent enlarged the front door opening, adding a new lintel, however, there was no trim above the door.
I saw there was no trim or finish above the interior front door.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 53-54
Compliance Item #37: Compliance Items 37-42 have been combined. (a) 38- Exterior fence: new stucco applied does not have proper drainage. (b) 38-New stucco applied to neighbor’s wall improperly and not corrected. (c) 39- New stucco is cracking and peeling already. (d) 40- New stucco is still uneven/ wavy in areas. (e) 41 Stucco not evenly applied and does not maintain uniform color around house; patches are obvious. (f) 42- Stucco on property wall has areas where stucco does not extend to ground level.
Investigator’s Observation: Verified
The Complainant pointed out her concerns on both sides of the rear stuccoed wall.
I observed the following conditions:
(a). I saw that there was no drainage for the entire length of the backyard wall. I reviewed the City of Scottsdale building permit requirements for block fences and noted that CMU drain blocks are required.
(20240329_City of Scottsdale Minimum Standards for 6-8 inch
Masonry Fence_2024-01592). (P56-60) Correction Required
(b). I saw that there was raw, unpainted stucco that wrapped the end of a corner in the front side yard (P61). ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. Correction Required
(c). I saw that there were areas in the stuccoed wall where the stucco was cracking/peeling/falling off. I saw this condition in the post/wall joints and post caps. (P62-64, 73-77). ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. Correction Required
(d). I saw unsightly areas in the stucco that were wavy, thin, and not uniformly covered. While it is understood that stucco is a hand applied cementitious material, the number of imperfections were excessive. ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. Correction Required
(e). See 37(d).
(f). I saw that in many areas, the stucco did not extend to the bottom of the wall (street-side). However, in many areas, the stucco had been applied over the landscape rocks. The stucco was not applied in a professional and workmanlike manner (P68-72). ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. Correction Required
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 56-80
Compliance Item #44: Front door: LVP flooring installed before front door; gap between door and floor
Investigator’s Observation: Verified
The Complainant pointed out that the LVP flooring changes direction and the threshold was loose.
I saw that the Complainant remove the LVP threshold which I noted was not a purpose built threshold, instead the Respondent appeared to have cut it from a plank of LVP flooring material. The installed threshold system essentially removes the required expansion gap and locks the LVP flooring in place. I reviewed the manufacturer’s installation instructions (20240322_Cali floors LVP installation guide_2024-01592) and noted that the manufacturer requires a 1⁄4 inch expansion gap for floating and glued floors. The transition and threshold was not done in a professional and workmanlike manner.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 82
Compliance Item #48: Front Porch: Rear trellis beam is riddled with nail holes
Investigator’s Observation: Verified
I saw that the ledger board had dozens of nail holes and that those areas were turning black from exposure to the elements. The number of nail holes was excessive and is not professional or workmanlike.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 84-92
Compliance Item #49: Front Porch: Bracket to hold Trellis beams is missing bolt
Investigator’s Observation: Verified
I saw there was a bolt missing from the upper post bracket. There is no bracket on the other side of the post so the post is essentially not fastened to the beams. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 94
Compliance Item #51: Front Porch: Some trellis beams are warped and crooked and splintering
Investigator’s Observation: Verified
I saw there were multiple rafters/beams that were visibly warped/twisted. Although I was not able to measure them, it was apparent that the twist in the rafters exceeded the allowable tolerance. ROC Workmanship Standards for Licensed Contractors (June 2009) states, Twisted or warped interior and exterior posts or beams are not acceptable. The beams and/or posts should not warp more than 1/32” of twist per foot.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 95-97
Compliance Item #52: Front Porch: Trellis beam to right of entry way is not flush with wall
Investigator’s Observation: Verified
I saw that the rafter/beam against the house was not flush to the house on the street side. This condition appears on both sides of the portico and appears to be the result of twisted lumber. ROC Workmanship Standards for Licensed Contractors (June 2009) states, Twisted or warped interior and exterior posts or beams are not acceptable. The beams and/or posts should not warp more than 1/32” of twist per foot.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 98-101
Compliance Item #53: Front Porch: Trellis beams are not symmetrical on sides of house
Investigator’s Observation: Verified
I saw that the ends of the trellis structure were different on each side of the house. I reviewed the drawing of the trellis (Copy of Written Contract - 2300C) and noted that the drawing calls for 9 beams on the right and 9 are installed. The drawing calls for 13 beams on the left and 14 are installed. This departure from the plans creates a non-symmetrical appearance.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 95, 97, 102-103
Compliance Item #54: Front Porch: Trellis beams were not sealed to prevent damage from rain
Investigator’s Observation: Verified
I saw that the lumber used to construct the front trellis structures did not appear to be pressure treated and had not been painted or stained. As a result, the lumber has been exposed to the elements and has signs of water damage throughout.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 95-103
Compliance Item #56: Front slider: LVP flooring installed before front door; gap between door and floor
Investigator’s Observation: Compliance Item #29: Dining Room: LVP flooring installed before slider door; gap between floor and slider
Investigator’s Observation: Verified
I inspected the LVP flooring at the front room sliding glass door and noted that the LVP flooring was installed without an expansion gap. I reviewed the manufacturer’s installation instructions (20240322_Cali floors LVP installation guide_2024-01592) and noted that the manufacturer requires a 1⁄4 inch expansion gap for floating and glued floors.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 104
Compliance Item #57: Garage: Drywall/dust and patching is incomplete
Investigator’s Observation: Verified
The Complainant explained that the Respondent originally tried to move an air conditioning duct to the garage and later determined it would not work, removing the newly installed duct in the garage. When they removed the duct structure, they did not repair it.
I saw there were red chalk lines, holes and damaged drywall in the garage ceiling and wall.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 105-106
Compliance Item #72: Kitchen: Insulation removed from kitchen ceiling and not reinstalled
Investigator’s Observation: Verified
The Complainant explained that the Respondent removed the insulation, installed new can lights, and then replaced only small sections of insulation around the light fixtures.
I was able to place my camera into the can light fixture hole and take a picture. The picture revealed that the ceiling was not completely insulated. I was able to see that there was a small section of insulation surrounding the next can light.
ROC Workmanship Standards for Licensed Contractors (June 2009) states, insulation should meet the minimum specified Respondent factor and the contractor should make necessary corrections to obtain the specified Respondent factor.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 122-123
Compliance Item #73: Kitchen: LVP Flooring and concrete subfloor is uneven around kitchen island (Big dip)
Investigator’s Observation: Verified
I used a four foot level to straddle the low spot. I measured the distance between the floor and the bottom of the level and noted that it was approximately 1⁄4 inch, exceeding the allowable 1/8 inch in 6 inches (NASCLA).
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 2
Compliance Item #83: Laundry Room Hallway: Tile flooring to LVP flooring transition is not even; it is crooked
Investigator’s Observation: Verified
I inspected the tile/LVP transition in the laundry room to hallway and noted the transition is ‘peaked’ or high at the transition point. I placed a 9 inch level over the transition and could rock the level end to end (about 1⁄4 inch). This is a tripping hazard.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 126-127
Compliance Item #94: Main area: New arch is uneven and unsightly along wall, improper framing / edging used
Investigator’s Observation: Verified
I saw that the arches were not completed. On side of the arch terminates in a 90 degree angle (P132) while the other side is tangent to the wall (P133). I saw that the drywall beneath the 90 degree termination was damaged and unfinished.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 132-134
Compliance Item #95: Main area/Kitchen: LVP flooring installed before permanent cabinetry installed
Investigator’s Observation: Verified
I saw that the cabinets are installed on top of the LVP flooring. I reviewed the manufacturer’s installation guide (20240322_Cali floors LVP installation
guide_2024-01592) And noted that it stated, “Do not install flooring under permanent or fixed cabinetry.”
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 135
Compliance Item #97: Master bath: Improper grouting around vanity backsplash / crooked and unevenly applied
Investigator’s Observation: Verified
I inspected the grout and noted that it was sloppy, uneven and irregular. There were sections where grout was accumulated and significantly larger than the rest. I saw sections that appeared to be missing grout. ROC Workmanship Standards for Licensed Contractors (June 2009) states, missing an/or irregular grout is not acceptable.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 136-142
Compliance Item #98: Master bath: LVP/tile transition not level
Investigator’s Observation: Verified
I inspected the tile/LVP transition in the primary bathroom and noted the transition is ‘peaked’ or high at the transition point. I placed a 9 inch level over the transition and could rock the level end to end (about 1⁄4 inch). This is a tripping hazard.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 143-145
Compliance Item #99: Master Bath: New vanity installed before drywall/ paint completed
Investigator’s Observation: Verified
The Complainant explained that the vanity was not installed but the paint is still a concern.
I saw the paint was uneven in color and sheen on the painted walls.
ROC Workmanship Standards for Licensed Contractors (June 2009) states,
Interior paint that inadequately covers the surface is not acceptable. Interior paint should be applied according to the manufacturer’s specifications and in a sufficient quantity to visually cover all specified areas.
Reference Picture(s) 146-147
Compliance Item #106: Master bedroom: Drywall around slider door is crooked and not square
Investigator’s Observation: Verified
I inspected the drywall around the primary bedroom slider door and noted that it had not been completed (P149). The area around the door had drywall attached but had not been taped/mudded. Corner beads had been installed but had not been taped/mudded.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 149-151
Compliance Item #117: Pantry: LVP flooring/tile transition is incomplete
Investigator’s Observation: Verified
I saw that the transition/threshold was done differently in this room than other tile/LVP transitions. In this case, the Respondent did not use a piece of LVP to create a threshold and instead used the continuous LVP planks. However, I noted that there was no expansion gap provided as required by the manufacturer. I also noted there was tape residue on the LVP flooring material.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 157-158
Compliance Item #121: Pantry: Tile flooring missing grout along score lines to match application in hallway/half bath
Investigator’s Observation: Verified
I saw that the pantry tile was not grouted along the interior scored lines, creating two different color ‘grout lines’ in the flooring.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 159-161
Compliance Item #122: Permitting: We paid for GC/PM to secure proper permits. He only got minimum permit despite structural and full remodel. [Compliance Item #122 includes all appropriate notes for the following compliance items of similar nature: 6, 10, 13, 15, 30, 31, 34, 36, 43, 45, 47, 50, 55, 58-60, 67, 68, 71, 74-81, 84, 86, 87, 89, 91-93, 96, 100, 103, 105, 108, 109, 111-114, 116, 118-120, 122, 123, 129, 133, 138, 140, 141, 146, 286.]
Investigator’s Observation: Verified
The Complainant alleges that the Respondent pulled a ‘Minimum Combination’ building permit, which does not require plan review from the city, instead of a full building permit which they believe was required for this project. I reviewed the City of Scottsdale website and located a brief description of when certain types of building permits are required (20240320_Scottsdale-Types of Permits_2024- 01592). The compliance items listed above allege poor workmanship for pulling the incorrect permit for the following work performed by the Respondent;
(a). New electrical circuits, switches, outlets, and lighting (including underground electric for various locations).
(b). Removing a bath tub and replacing with a shower.
(c). Adding and/or moving HVAC ducting/chase.
(d). Structural modifications (enlarging door openings, removing 30 feet of exterior CMU wall and replacing with wood framed wall, etc.).
(e). Addition of interior space at front door entry.
(f). Constructing a new 30 foot ling CMU wall in the front yard.
(g). Constructing a new portico entry with trellis cover attached to the front of the house.
(h). Relocating roof drainage scuppers.
(i). Adding new windows in CMU exterior walls.
(j). Adding new plumbing (pot filler, new sink location moved water softener, etc.).
(k). Remove/Replace load bearing wall with beam.
(l). Filled sunken rooms with concrete.
(m). Construction of new parapet wall on rear of home.
I searched the City of Scottsdale building permits and located a single permit issued on 07/05/2023 and signed electronically by [email redacted] (20240320_Building Permit-Minimum Combination-295197_2024-01592). The permit is a ‘Minimum Combination’ permit. I also viewed the associated inspection report for that permit and noted that on 02/08/2024 Scottsdale Inspector Jim Hennigan failed the Plumbing Underground, Rough Plumbing, Rough Electric, Rough Mechanical, and Rough Frame and Insulation inspections (20240320_Building Permit 295197-Inspection Report_2024-01592). The
Complainant provided the handwritten ‘Stop Work’ inspection report dated
02/08/2024 in which Inspector Hennigan made the following notes, “Work covered prior to inspections. Wrong permit type; Need addition permit with structural change. New patio cover @ front of home. New parapet walls around perimeter of roof. Stop Work!” (City of Scottsdale Stop Work Inspection Report 2-8-24).
ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. A contractor shall perform all work in accordance with any applicable building codes and professional industry standards.
The respondent should correct Compliance Items 122 (a) through (m) and all accompanying compliance items by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 83-85
Compliance Item #124: Pocket doors: appear to not be installed properly to avoid banging/swinging, and soft open/close missing in some
Investigator’s Observation: Verified
I inspected the pocket doors and noted the following:
Pantry – Door is not installed.
Laundry – Door is only partially installed.
Hall Bathroom – Door is missing hardware.
Primary Bathroom – Double pocket door does not meet in the middle and missing hardware.
Primary Closet – Door is missing hardware and trim.
Primary Shower – Door is missing hardware and trim.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 162-164
Compliance Item #127: Rear exterior: Bottom of new stucco along back wall uneven and improperly applied along edges / column bottoms
Investigator’s Observation: Verified
I saw that the stucco had been done in in a sloppy manner and noted the following:
I saw that there was stucco ‘overflow’ on the concrete at the back of the house (P165-166).
I saw that the stucco on the posts was sloppy and uneven at the bottoms with chips of stucco missing or falling off (167-170).
There were large globs of stucco at corners (P171).
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 165-173
Compliance Item #128: Rear exterior: New stucco around window/slider openings is peeling and applied poorly
Investigator’s Observation: Verified
I saw that the stucco around the windows was chipped/cracked. I noted that stucco was missing at one window (P178).
ROC Workmanship Standards for Licensed Contractors (June 2009) states, falling and/or chipping stucco around windows and doors is not acceptable.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 174-182
Compliance Item #130: Rear exterior: One column on back porch is crooked
Investigator’s Observation: Verified
I saw that one post was visibly not square. I was not able to determine if this was an issue with the stucco application or the framing.
The Respondent should investigate to determine the cause.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 183
Compliance Item #131: Rear of House: new concrete pad does not appear to be sloped properly
Investigator’s Observation: Verified
I used a 9 inch level to measure the slope of the concrete and noted that the newly poured concrete is sloping towards the house. This will cause water to run towards the house and not drain properly.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 184-188
Compliance Item #132: Rear of House: new concrete pad included old curbing in some areas; was not properly installed
Investigator’s Observation: Verified
I saw that the curbing was removed in front of the primary bedroom slider door but not removed on either side where new concrete was also poured. This condition was not done in a professional and workmanlike manner.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 188
Compliance Item #134: Rear of house: Random pole for irrigation not removed prior to concrete pad being poured
Investigator’s Observation: Verified
I saw that there was an abandoned irrigation pipe that had been concreted in rather than removed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 189
Compliance Item #136: Roof: Parapet wall & new stucco applied does not appear to allow for proper drainage, already see cracking/water damage
Investigator’s Observation: Verified
I inspected the new drip edge and noted that the stucco has been forced into the void created by the drip edge, creating a curved surface that extends over the beveled surface of the drip edge. The purpose of the drip edge is to divert water over the stucco to prevent water intrusion. In this case, the water now has a direct path to get behind the stucco.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 191-197
Compliance Item #151: Pool water leveler on exterior wall was stuccoed over and now it cannot be accessible for repairs
Investigator’s Observation: Verified
I saw that a plumbing fixture had been stuccoed. This does render it nonserviceable.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 201
Compliance Item #152: Mud Room: All walls, Paint incomplete
Investigator’s Observation: Verified
I saw that there were runs in the paint (P215) throughout the project. I also noted that the paint was incomplete throughout the project. In some cases, there were noticeable differences in paint color/sheen throughout the project.
I saw there were divots, tool marks, and irregular drywall throughout the project. I also saw that the drywall was incomplete in many areas.
ROC Workmanship Standards for Licensed Contractors (June 2009) states,
Interior paint should be applied in an amount conforming to manufacturer's specifications of coverage and in sufficient quantity to visually cover all specified areas. Painting required as corollary repair because of other work should match surrounding areas as closely as possible.
ROC Workmanship Standards for Licensed Contractors (June 2009) states,
Contractor should repair nail pops, seam lines and other hairline cracks one time within first year of occupancy. Readily visible flat areas in textured finish and Voids at switch and receptacle plates are not acceptable.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 202-216
Compliance Item #161: Laundry Room East Wall AC Vent not installed
Investigator’s Observation: Verified
I saw there was no AC vent installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 209
Compliance Item #167: Half Bath East Wall AC Vent not installed
Investigator’s Observation: Verified
I saw there was no AC vent installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license Reference Picture(s) 211
Compliance Item #174: Half Bath South Wall Vanity backsplash not installed
Investigator’s Observation: Verified
I saw that the vanity was in place but not installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 210
Compliance Item #175: Half Bath Ceiling Fan cover not installed
Investigator’s Observation: Verified
The Complainant explained that she meant the exhaust fan.
I saw the exhaust fan was not installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 214
Compliance Item #179: Laundry Hallway Flooring Tape residue and paint overspray
Investigator’s Observation: Verified
I saw there was, what appeared to be, tape residue on the floor. The residue appeared to well bonded and I was unable to get it to come off. I also saw there was paint overspray on the floors.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 215-220
Compliance Item #180: Laundry Hallway North Wall Exterior door not framed
Investigator’s Observation: Verified
I saw the rear exterior door did not have door trim/casing installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 221
Compliance Item #181: Laundry Hallway East Wall Baseboards not complete
Investigator’s Observation: Verified
I saw the baseboards were not attached to the wall.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 222-223
Compliance Item #182: Laundry Hallway East Wall Door not framed
Investigator’s Observation: Verified
I saw the two doors did not have door trim/casing installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 224-225
Compliance Item #183: Laundry Hallway East Wall Tile corner piece missing
Investigator’s Observation: Verified
I saw there was a small section of tile missing at the baseboard.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 226
Compliance Item #188: Laundry Hallway South Wall No baseboards installed
Investigator’s Observation: Verified
I saw there were no baseboards installed in this hallway.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 228
Compliance Item #189: Laundry Hallway South Wall Obsolete alarm hardware not removed / drywall repaired
Investigator’s Observation: Verified
I saw there was an old mounting bracket still attached to the wall.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 229
Compliance Item #192: Kitchen Hallway North Wall Baseboards not installed
Investigator’s Observation: Verified
I saw there were no baseboards installed in this hallway.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) N/A
Compliance Item #196: Kitchen Hallway South Wall Tile missing
Investigator’s Observation: Verified
I saw there was a missing tile at the doorway transition. This may be covered by baseboards when they are installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) N/A
Compliance Item #197: Kitchen Hallway Flooring Tape residue and paint overspray
Investigator’s Observation: Verified
I saw there were multiple areas with tape residue on the flooring. In all instances, the residue was well bonded and I could not get ot off.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) N/A
Compliance Item #199: Kitchen All Walls Cabinets/fabrication/countertop not installed but included in bid
Investigator’s Observation: Verified
I saw that the kitchen cabinets were in place; however they were not permanently installed. I also noted that there were no countertops installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 233-235
Compliance Item #200: Kitchen North Wall Range hood not installed
Investigator’s Observation: Verified
I saw that the kitchen range hood was not framed or installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 235
Compliance Item #203: Kitchen West Wall AC Vent not installed
Investigator’s Observation: Verified
I saw there was no AC vent installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) N/A
Compliance Item #211: Pantry North Wall Baseboards not installed
Investigator’s Observation: Verified
I saw there were no baseboards installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 238
Compliance Item #214: Pantry West Wall Obsolete electrical not removed
Investigator’s Observation: Verified
I saw that the old electrical had not been removed/covered.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) N/A
Compliance Item #216: Pantry South Wall AC Vent not installed
Investigator’s Observation: Verified
I saw that the AC vent was not installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 239
Compliance Item #217: Pantry All Walls Cabinetry/countertops not installed
Investigator’s Observation: Verified
I saw the cabinets and countertops had not been installed. The cabinets were not attached to the wall.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) N/A
Compliance Item #218: Pantry East Wall Window framing for 3 windows are not even / straight
Investigator’s Observation: Verified
I saw that the three windows are not square to each other (P241). This condition is readily visible from a distance.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 240-243
Compliance Item #223: Dining Room South Wall New wall built is not straight with existing wall, crooked
Investigator’s Observation: Verified
I used a four foot level and saw that the wall was not flat. The wall was bowed in the center (exceeded 1⁄4 inch over 4 feet). This condition transmits to the baseboard and is readily visible from a distance. This work is not done in a professional and workmanlike manner.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 244
Compliance Item #224: Family Room North Wall 2 AC Vents not installed
Investigator’s Observation: Verified
I saw there were two AC vents that had not been installed in the family room.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 245-246
Compliance Item #225: Family Room West Wall Obsolete electrical not removed
Investigator’s Observation: Verified
I saw the new outlets were installed on the baseboards and there was an outlet that had not been removed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 247
Compliance Item #226: Living Room East Wall AC Vent not installed
Investigator’s Observation: Verified
I saw that the AC return vent was present but had not been installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 248
Compliance Item #235: Bathroom 1 West Wall Obsolete electrical not removed
Investigator’s Observation: Verified
I saw the old electrical had not been removed. I tested the wires with a current sniffer and noted there was not electricity to the wires.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 252
Compliance Item #237: Bathroom 1 Ceiling Exhaust fan cover missing
Investigator’s Observation: Verified
I saw that the ceiling exhaust fan cover was missing.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 254
Compliance Item #241: Bathroom 1 Shower Plumbing fixtures not installed
Investigator’s Observation: Verified
I saw that the plumbing was complete; however, the fixtures/handles were not installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 255-257
Compliance Item #245: Bedroom Hallway All walls Baseboards not installed
Investigator’s Observation: Verified
I saw that the baseboards were not installed in the bedroom hallway.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 258
Compliance Item #246: Bedroom Hallway East Wall Obsolete electrical near ceiling not removed
Investigator’s Observation: Verified
I saw there was old electrical that had not been removed/covered.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 259
Compliance Item #250: Master bathroom All walls Baseboards not installed
Investigator’s Observation: Verified
I saw that the baseboards were not installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 260
Compliance Item #252: Master bathroom Ceiling Shower light does not fit into ceiling
Investigator’s Observation: Verified
I saw that the ceiling light in the shower did not fit and I was not able to move it into position.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 261
Compliance Item #253: Master bathroom Ceiling Fan improperly installed - blows air down
Investigator’s Observation: Verified
I observed while the Complainant operated the exhaust fan. I noted that the fan moves air into the room rather than venting it out of the room.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 262
Compliance Item #254: Master bedroom Flooring Pops when walking near bathroom
Investigator’s Observation: Verified
I inspected the location (just in front of bath) pointed out by the Complainant and noted that there was independent vertical movement when I applied pressure to the LVP flooring. This is indicative of a broken locking tab due to poor installation.
I also noted there was a popping sound when it was walked on.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) N/A
Compliance Item #255: Master bathroom Flooring Slate tile chipped and not sealed
Investigator’s Observation: Verified
I saw there were two chipped floor tiles installed. Both tiles were chipped/broken at a corner and had grout inside the broken area, indicating they were installed with the defect.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 263-264
Compliance Item #258: Master bathroom Closet AC Vent not installed
Investigator’s Observation: Verified
I saw that the AC vent was not installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 266
Compliance Item #259: Master bathroom Closet Door not framed
Investigator’s Observation: Verified
I saw that the closet door was not framed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 266
Compliance Item #260: Master bathroom Closet Obsolete electrical not removed
Investigator’s Observation: Verified
I saw that the non-energized electrical had not been removed or covered.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 267
Compliance Item #261: Master bathroom Shower Room AC Vent not installed
Investigator’s Observation: Verified
I saw that the AC vent had not been installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) N/A
Compliance Item #263: Master bathroom Shower Room Plumbing fixtures not installed
Investigator’s Observation: Verified
I saw that the rough plumbing had been completed but the shower fixtures had not been installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 268-269
Compliance Item #264: Master bathroom Shower Room Grout / arch inconsistent
Investigator’s Observation: Verified
I saw that the grout on the outer edge of the shower entry arch was inconsistent. At some points along the grout line, the grout was much thicker than others creating an irregular appearance.
ROC Workmanship Standards for Licensed Contractors (June 2009) states,
Missing or irregular grout is not acceptable.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 270-272
Compliance Item #266: Master bathroom Vanity Room AC Vent not installed
Investigator’s Observation: Verified
I saw the vanity was not installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 273-274
Compliance Item #267: Master bathroom Vanity Room Door not framed
Investigator’s Observation: Verified
I saw that the door was not framed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) N/A
Compliance Item #270: Master Bedroom All walls 270-Baseboards not installed, 271-all walls not painted, 272-crown molding not installed, and 273-door not framed. [Combined with Compliance Items #270, 271, 272]
Investigator’s Observation: Verified
I saw that the following items had not been started or completed in the primary bathroom:
(a). Baseboard were not installed.
(b). Walls were not painted,
(c). Crown molding was not installed.
(d). Door did not have trim/casings installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 275-279
Compliance Item #275: Master Bedroom North wall Slider door exterior threshold incomplete/ not stuccoed
Investigator’s Observation: Verified
The Complainant explained that this wall had been opened to allow for a sliding door.
I saw that the exterior threshold was rough chipped concrete and did not appear to have a professional appearance.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 280
Compliance Item #277: Master Bedroom West Wall Obsolete electrical not removed)
Investigator’s Observation: Verified
I saw that there were energized wires in an uncovered electrical box. This is a safety issue and should be addressed immediately.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 281
Compliance Item #278: Master Bedroom South Wall AC Vent not installed
Investigator’s Observation: Verified
I saw that the AC vent was not installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) N/A
Compliance Item #280: Exterior Front slider Bottom threshold incomplete / not stuccoed
Investigator’s Observation: Verified
I saw that the area under the front slider door was chipping away and not complete.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 282
Compliance Item #282: Exterior Back porch wall Back slider threshold incomplete / not stuccoed
Investigator’s Observation: Verified
The Complainant explained that the wall was demoed to install the door and the concrete at the bottom of the door was chipped.
I saw that the concrete at the bottom of the slider door was chipped and incomplete.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 283
Compliance Item #285: Exterior Pool Electrical Lines to pool electrical were severed
Investigator’s Observation: Verified
I saw that there was a wire inside conduit that appeared to have been severed.
The Respondent should investigate this condition and correct as appropriate.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 284
Compliance Item #291: Garage East wall Floor leveling oozed out
Investigator’s Observation: Verified
I saw that there was a cured puddle of what appeared to be self-leveling compound on the garage floor. The material appeared to have originated from under the baseboard.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Reference Picture(s) 285
ITEMS NOT REQUIRING CORRECTION
The following complaint items require no action by the Respondent:
Compliance Item #1: ALL LVP: Flooring installed before concrete properly cured and leveling incomplete
Investigator’s Observation: Not Verified - Insufficient Evidence
There is Insufficient Evidence to determine if the flooring was/was not installed prior to the concrete and leveling being fully cured.
Compliance Item #3: All new interior walls: We doubt insulation was installed or that it was up to code if it was installed
Investigator’s Observation: Not Verified - Insufficient Evidence
I could not see if there was/was not insulation in the walls because they had all been finished with drywall.
No further action is required.
Compliance Item #5: Baseboards: Where new ones are installed, they are not flush with wall in some areas
Investigator’s Observation: Not Verified
I inspected the baseboards and noted they appear to be flush with the wall.
However, the wall has a significant bow in it (covered in compliance item #223).
See Compliance Item #223
Reference Picture(s) 11
Compliance Item #6: Bathroom 1: New HVAC soffit added (moved from master bathroom) without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #7: Bathroom 1: New pocket door does not close correctly
Investigator’s Observation: Not Verified - Modified
The Complainant explained that they hired another contractor to repair this pocket door.
No further action is required.
Compliance Item #10: Bathroom 1: Tub removed and new curbless shower added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #11: Bathroom 1: Subcontractor did not use shower drain provided by homeowner. Incorrect drain installed.
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant explained, pursuant to the contract, she was to provide the drain.
The Complainant further explained that she did provide the drain; however, the Respondent installed a different drain.
I reviewed the information provided by the Complainant in the initial complaint and noted that there was no specific scope of work listed in the construction contract (ConstructionContract.pdf).
There was Insufficient Evidence to determine if the Respondent did or did not install the correct shower drain.
No further action is required.
Reference Picture(s) 15-16
Compliance Item #13: Bedroom Hallway: New wiring, switches, outlets, and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #15: Bedroom Hallway: Replaced soffit/ air duct without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #17: Damage: Crew broke RING doorbell when removing it; it is cracked
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #18: Damage: Crew cracked concrete pad in front of RV gate
Investigator’s Observation: Not Verified - Insufficient Evidence
I inspected the concrete near the RV gate and noted that it was cracked. However, there was Insufficient Evidence to determine how/when the damage occurred or who was responsible.
No further action is required.
Reference Picture(s) 31
Compliance Item #19: Damage: Crew moved kitchen cabinets for painting. We have been finding screws that popped out from them moving them.
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #20: Damage: Crew ruined 3 window screens and slider screens. Need to be replaced.
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant could only locate two damaged screens.
I inspected the screens and noted they were damaged. However, there was
Insufficient Evidence to determine how/when the damage occurred or who was responsible.
No further action is required.
Reference Picture(s) 32-33
Compliance Item #21: Damage: Crew used a brand new cabinet front as a makeshift table on back porch - now warped and damaged
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #24: Damage: Subcontractors backed vehicle into RV gate. RV gate which leads to pool no longer closes properly.
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #25: Damage: Subcontractors made use of and damaged homeowner’s furniture dolly.
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #26: Damage: Subcontractors made use of and damaged homeowners shop vac.
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #27: Damage: Subcontractors ruined new Half-bath toilet. Subcontractors now using new Master Bath toilet.
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant explained that the Respondent installed a new toilet (provided by the Complainant) and the Respondent’s workers were using the toilet. The Complainant believes one of the Respondent’s workers experience explosive diarrhea and failed to clean the toilet. This went unnoticed for some time. When it was discovered, the Complainant believed the toilet was not salvageable and the Respondent removed the toilet. The Complainant has since provided a second new toilet, which has not been installed.
I saw that the new toilet had not been installed and the replacement toilet was still in a vow in the bathroom. I saw that the damaged toilet was on the side yard and that it had an unknown black substance stuck to the toilet, toilet seat and lid. However, there was Insufficient Evidence to determine how/when the damage occurred or who was responsible.
No further action is required.
Reference Picture(s) 47-48
Compliance Item #28: Damage: Subcontractors stacked box with new kitchen faucet in garage. Boxes fell damaging new kitchen faucet.
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #30: Dining Room: New glass sliding door & lintel expanded opening from 6’ to 8’ without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #31: Dining Room: New wiring, switches, outlets, and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #32: Dining Room: Old light switch was not properly covered up / patched
Investigator’s Observation: Combined with Compliance Item #12
See Compliance Item #12
Compliance Item #33: Electrical Sub not given funds from GC to purchase proper materials despite us giving GC $3500 for dimmers / can lights.
Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A).
The subcontractor may file a Non-Payment Complaint with the ROC. This item is not within the scope of the ROC Licensed Complaint Process.
Reference Picture(s) N/A
Compliance Item #34: Entryway: (structural) New addition/expansion square footage increased without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #36: Entryway: New wiring, switches, outlets, and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #38: Compliance Items 38-42 have been combined. Exterior fence: New stucco applied to neighbor’s wall improperly and not corrected.
Investigator’s Observation: Combined with Compliance Item #37
See Compliance Item #37
Compliance Item #39: Exterior fence: New stucco is cracking and peeling already
Investigator’s Observation: Combined with Compliance Item #37
See Compliance Item #37
Compliance Item #40: Exterior fence: New stucco is still uneven/ wavy in areas
Investigator’s Observation: Combined with Compliance Item #37
See Compliance Item #37
Compliance Item #41: Exterior: Stucco not evenly applied and does not maintain uniform color around house; patches are obvious
Investigator’s Observation: Combined with Compliance Item #37
See Compliance Item #37
Compliance Item #42: Exterior: Stucco on property wall has areas where stucco does not extend to ground level
Investigator’s Observation: Combined with Compliance Item #37
See Compliance Item #37
Compliance Item #43: Family Room: New wiring, switches, outlets, and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #45: Front Porch: 12 foot tall front entryway constructed without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #46: Front Porch: 3 foot by 50 foot wall around front porch sloping/grading does not align with front of house
Investigator’s Observation: Not Verified - Insufficient Evidence
Although this condition may exist, I was not able to take accurate measurements and there was Insufficient Evidence to verify this compliance item.
No further action is required.
Reference Picture(s) 83
Compliance Item #47: Front Porch: 3 foot by 50 foot wall around front porch was built without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #50: Front Porch: New wiring and outdoor lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #55: Front Porch: Trellis structure constructed without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #58: Garage: new wiring and 240v EV charger added without permit or inspection & still incomplete
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #59: Garage: water damage from roof leak due to moving scupper without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #60: Half-bath: New exhaust fan (bathroom had no fan prior) leaks when it rains and was installed without permit / inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #61: Half-bath: new toilet damaged by subcontractors
Investigator’s Observation: DUPLICATE of Complaint Item #27
See Compliance Item #27
Compliance Item #62: Half-bath: Vanity and toilet installed without finishing drywall and paint first
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #63: Half-bath: New light fixture not centered with vanity
Investigator’s Observation: Not Verified
The electrical box for the new light fixture is located on a stud, which is not centered on the vanity. This item is not the responsibility of the Respondent.
No further action is required.
Compliance Item #64: HVAC: No idea if tests were done about air supply / etc. up to code
Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A).
No further action is required.
Compliance Item #65: Inspections: No proof of structural inspections and engineer certification for footings/beam/framing
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #66: Inspections: No rough plumbing/HVAC/electrical/framing/insulation inspections done and now walls are covered up
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #67: Kitchen: 2 new windows added without permit or inspection. Drywall surrounding windows is crooked and not square.
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #68: Kitchen: 30 feet of load bearing concrete block wall removed and replaced with wood framing without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #69: Kitchen: Exposed electrical wires were painted over
Investigator’s Observation: Not Verified
Although there are wires that have been painted, this condition does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A).
SAFETY ALERT – While inspecting this compliance item, I noticed a hot wire that had a small section of broken insulator. I immediately informed the
Complainant and explained that this should be corrected immediately as it is an unsafe electrical hazard. There was Insufficient Evidence to determine the cause of the broken insulation.
Reference Picture(s) 119
Compliance Item #70: Kitchen: HVAC soffit along wet bar and hallway is crooked / not straight
Investigator’s Observation: Not Verified
I inspected the “soffit” and determined that it met the acceptable minimum workmanship standards.
No further action is required.
Reference Picture(s) 120-121
Compliance Item #71: Kitchen: HVAC Soffits removed from ceiling and rerouted without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #74: Kitchen: new opening for range hood added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #75: Kitchen: New plumbing for pot filler added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #76: Kitchen: new wiring, switches, outlets, and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #77: Kitchen: Water Softener drainage rerouted/covered up without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #78: Kitchen: Underground electrical added for new island without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #79: Kitchen: Underground plumbing added for new island sink without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #80: Kitchen: Underground plumbing added for new wet bar sink without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #81: Laundry Room Hallway: new wiring and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #82: Laundry Room Hallway: Tile flooring not laid the way we instructed sub to lay it
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant explained that the pattern to lay the tile was agreed upon verbally between parties.
There is Insufficient Evidence to determine what was/was not agreed upon in the verbal agreement.
No further action is required.
Compliance Item #84: Laundry Room: Additional sink (to be installed) with new plumbing added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #85: Laundry Room: Do we need exhaust fan per code?
Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A).
No further action is required.
Reference Picture(s) N/A
Compliance Item #86: Laundry Room: New pocket door added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #87: Laundry Room: new wiring, switches, outlets, and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #88: Living Room: 2 Extra outlets in flooring need to be removed
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #89: Living Room: Load bearing wall removed and new structural beam added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #90: Living Room: New texture/drywall is wavy along edges where ceiling meets wall
Investigator’s Observation: Not Verified
I inspected the ceiling/wall union and noted that it appeared to meet the acceptable minimum workmanship standards.
No further action is required.
Reference Picture(s) 129-130
Compliance Item #91: Living Room: New wiring, switches, outlets, and can lights added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #92: Living Room: Step down Living Room filled in with new concrete / footings without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #93: Living Room: Underground wiring for floor outlets without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #96: Master Bath: 2 new pocket doors added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #100: Master Bath: New wiring, switches, outlets, and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #101: Master Bath: New toilet is leaking onto floor
Investigator’s Observation: Not Verified – Modified by the Complainant
The Complainant had the toilet uninstalled.
The registrar is prohibited from issuing a citation for the alleged poor workmanship or an alleged violation of any applicable building code if the contractor’s work has been subject to neglect, modification, or abuse [A.R.S. § 32-1155(D)].
No further action is required.
Reference Picture(s) N/A
Compliance Item #102: Master bath: Slate tile needed appropriate sealant applied before and after grouting
Investigator’s Observation: Not Verified - Insufficient Evidence
There was Insufficient Evidence to determine if the Respondent did or did not apply a sealant to the floor tiles.
No further action is required.
Reference Picture(s) 148
Compliance Item #103: Master Bath: Step down shower filled in and new shower plumbing added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #104: Master Bathroom: New toilet installed but back of toilet tank is not parallel to wall
Investigator’s Observation: Not Verified – Modified by the Complainant
The Complainant had the toilet uninstalled.
The registrar is prohibited from issuing a citation for the alleged poor workmanship or an alleged violation of any applicable building code if the contractor’s work has been subject to neglect, modification, or abuse [A.R.S. § 32-1155(D)].
No further action is required.
Compliance Item #105: Master Bedroom: 2 windows added in block wall without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #107: Master bedroom: Drywall around windows crooked and not square
Investigator’s Observation: Not Verified
I inspected the drywall around the windows and noted that they appeared to be within the acceptable minimum workmanship standards.
No further action is required.
Reference Picture(s) 152-153
Compliance Item #108: Master Bedroom: New opening/lintel for slider door added in block wall without permit or inspection.
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #109: Master Bedroom: New wiring, switches, outlets, and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #110: Master Bedroom: Water damage from leak caused by exterior work still not repaired
Investigator’s Observation: Not Verified - Insufficient Evidence
I saw the area the Complainant pointed out and noted that it appeared to be water damage. I explained to the Complainant that a water test is the best way for me to determine the location of any water leak and that without a water test I could not know what caused the water damage. The Complainant chose to not conduct a water test. There was Insufficient Evidence to determine what caused the water damage.
No further action is required.
Reference Picture(s) 154-155
Compliance Item #111: Master Closet: Exterior door removed from concrete block wall replaced with wood framing without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #112: Master closet: New HVAC added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #113: Master Closet: New interior wall enclosure with electrical added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #114: Master Closet: New wiring, switches, outlets, and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #115: Painter sub: Said he has not gotten paid enough money for the work so far, per his contract with GC
Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A).
The subcontractor may file a Non-Payment Complaint with the ROC. This item is not within the scope of the ROC Licensed Complaint Process.
Reference Picture(s) N/A
Compliance Item #116: Pantry: 3 new exterior windows added without permit or inspection. Drywall around windows is crooked and not square. Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #118: Pantry: New interior wall added with electrical without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #119: Pantry: New pocket door added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #120: Pantry: new wiring, switches, wall enclosure, and outlets added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #123: Plans: GC/PM never submitted plans to city for review and approval per our contract
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #125: Professionalism: Daily site cleanup not done garbage left everywhere. We paid for dumpster, GC had it removed months ago
Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A).
This allegation is not within the proper scope of the ROC Formal Licensed
Complaint process.
No further action is required.
Compliance Item #126: Professionalism: GC and his project manager have been dishonest and have not abided by contract terms/provisions
Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A).
This allegation is not within the proper scope of the ROC Formal Licensed Complaint process.
No further action is required.
Compliance Item #129: Rear Exterior: New wiring and outdoor lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #133: Rear of House: new concrete pad poured against house behind master bedroom without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #135: Roof: Existing metal lip does not match new stucco color
Investigator’s Observation: Not Verified - Insufficient Evidence
The drip edge does not match; however, it does not appear to be specified in the contract.
No further action is required.
Reference Picture(s) 190
Compliance Item #137: Roof: Parapet wall added along rear of house caused water damage inside master bedroom ceiling and wall, not repaired
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant confirmed that the Respondent did not re-surface the roof and that the roof was in poor condition when they purchased the house.
I saw that the entire roof was cracked and near failure and advised the Complainant that the roof needed urgent attention. There was Insufficient Evidence to determine that the new parapet wall caused a water leak inside the home.
No further action is required.
Reference Picture(s) 198-200
Compliance Item #138: Roof: Parapet wall added along rear of house without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #139: Roof: Scupper on east side not fully functional, missing proper scupper
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant explained that there were two scuppers that were missing the decorative covers.
I saw that the two scuppers did not have decorative covers. I reviewed the contract and noted that was not specified.
No further action is required.
Compliance Item #140: Roof: Scupper on east side replaced without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #141: Roof: Scupper on west side moved from front to side of house without permit or inspection to ensure proper drainage
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #142: Roof: Scupper on west side not fully functional, missing proper scupper
Investigator’s Observation: DUPLICATE of Complaint Item #139
See Compliance Item #139
Compliance Item #143: Sanitary: GC had porta-potty removed months ago. Crew uses brand new toilets despite us pleading that they do not
Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A).
No further action is required.
Compliance Item #144: Smoke detectors: No idea if new ones installed are up to code
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #145: Sprinklers: Not installed. Do we need sprinklers based on code?
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #146: Storage Room: new wiring, switches, outlets, and can lighting added without permit or inspection
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #147: Subcontractors: Several complained that they are not getting paid by GC
Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A).
The subcontractor may file a Non-Payment Complaint with the ROC. This item is not within the scope of the ROC Licensed Complaint Process.
Compliance Item #148: Subcontractors: We don’t think they were all licensed subs (if required by ROC). Need proof.
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #149: Water Meter: Water load calculations with additional plumbing were not completed
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #150: Workmanship: Despite repeated complaints from us about poor quality/workmanship, issues have been unresolved for months
Investigator’s Observation: DUPLICATE of Multiple Complaint Items
Compliance Item #153: Mud Room; North Wall, Drywall Inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #154: Mud Room; East Wall, Drywall Inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #155: Mud Room; West Wall, Drywall Inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #156: Mud Room; South Wall, Drywall Inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #157: Laundry Room All walls Paint incomplete
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #158: Laundry Room North Wall Drywall Inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #159: Laundry Room North Wall Plumbing Incorrect -
Hot/Cold too low, Drain too low
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant explained that the plumbing was too low for the intended sink.
I saw that there was plumbing; however, the sink was not present and there was Insufficient Evidence to determine if the plumbing was/was not too low.
No further action is required.
Reference Picture(s) 208
Compliance Item #160: Laundry Room East Wall Drywall Inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #162: Laundry Room West Wall Drywall Inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #163: Laundry Room South Wall Drywall Inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #164: Half Bath All walls Paint incomplete
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #165: Half Bath North Wall Crown Molding paint dripping
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #166: Half Bath North Wall Drywall northeast corner / window frame inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #168: Half Bath East Wall Crown Molding paint dripping
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #169: Half Bath East Wall Drywall beside vanity not finished
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #170: Half Bath East Wall Drywall Inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #171: Half Bath West Wall Crown Molding paint dripping
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #172: Half Bath South Wall Crown Molding paint dripping
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #173: Half Bath South Wall Top right front of vanity is chipped / damaged
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #176: Half Bath Plumbing Flange was not replaced / rusted
Investigator’s Observation: Not Verified - Insufficient Evidence
I cannot determine the age of the flange by visual inspection.
No further action is required.
Compliance Item #177: Half Bath Plumbing Vanity middle drawer hits plumbing
Investigator’s Observation: Not Verified - Insufficient Evidence
The vanity was not installed and I could not inspect this item.
No further action is required.
Compliance Item #178: Half Bath Plumbing Vanity sink/plumbing not installed
Investigator’s Observation: Combined with Compliance Item # 177
See Compliance Item #177
Compliance Item #184: Laundry Hallway West Wall Door not framed
Investigator’s Observation: DUPLICATE of Complaint Item #182
See Compliance Item #182
Compliance Item #185: Laundry Hallway West Wall Large black streak on paint
Investigator’s Observation: Not Verified - Insufficient Evidence
I saw there was a long black streak on the wall. However, there was Insufficient Evidence to determine how this occurred or who was responsible.
No further action is required.
Reference Picture(s) 227
Compliance Item #186: Laundry Hallway West Wall Pocket Door hits screws and does not open
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #187: Laundry Hallway South Wall Door/Hardware not painted
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #190: Laundry Hallway Ceiling Drywall Inconsistencies
Investigator’s Observation: Not Verified - Insufficient Evidence
I saw there was obvious damage to the ceiling. This did not appear to be an installation issue, rather damage after installation. There was Insufficient Evidence to determine how this damage occurred or who was responsible.
No further action is required.
Reference Picture(s) 230
Compliance Item #191: Laundry Hallway South Wall Entryway / trim / drywall incomplete, metal looks wonky
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #193: Kitchen Hallway North Wall Pocket Door not framed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #194: Kitchen Hallway South Wall Baseboards not installed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #195: Kitchen Hallway South Wall Drywall inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #198: Kitchen Hallway Flooring Entering from kitchen to laundry LVP floor pops
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #201: Kitchen North Wall Framing for range hood not completed
Investigator’s Observation: Combined with Compliance Item #200
See Compliance Item #200
Compliance Item #202: Kitchen North Wall Drywall inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #204: Kitchen Ceiling Drywall inconsistencies & soffit crooked/not straight
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #205: Kitchen Plumbing Pot filler not centered on wall
Investigator’s Observation: Not Verified - Insufficient Evidence
I was not able to inspect this compliance item. The cabinets are not installed or in their exact location. Evaluating the pot filler plumbing in those conditions would not be accurate.
No further action is required.
Compliance Item #206: Kitchen All Walls Paint incomplete
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #207: Wet bar Plumbing Need to confirm proper plumbing for sink, disposal, R/O filter, water supply lines for ice maker
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant explained that the secondary water line will be run through the cabinets and not the wall.
The cabinets were in place and I could not directly inspect this. However, it is not uncommon for secondary water lines (ice maker, etc.) to be ran with a small 1⁄4 inch line through cabinets.
No further action is required.
Compliance Item #208: Wet bar Soffit Crooked (drywall not straight for new soffit installed)
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #209: Pantry All Walls Need to confirm electrical wiring was done properly
Investigator’s Observation: Not Verified – Not Within the Registrar’s Scope The Complainant did not have a specific allegation and only wanted the Registrar to confirm if the electrical is or is not installed correctly.
The Registrar cannot conduct full system inspections to independently identify poor workmanship.
No further action is required.
Compliance Item #210: Pantry North Wall Drywall inconsistencies
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #212: Pantry East Wall Baseboards not installed
Investigator’s Observation: Combined with Compliance Item #211
See Compliance Item #211
Compliance Item #213: Pantry West Wall Paint dripping
Investigator’s Observation: Combined with Compliance Item #152
See Compliance Item #152
Compliance Item #215: Pantry West Wall pocket door threshold too high, does not close smoothly
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #219: Pantry Flooring Tape residue
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #220: Pantry Flooring Grout missing in score lines - was not finished
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #221: Dining Room North Wall Door not framed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #222: Dining Room South Wall Arch wall not straight
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #227: Living Room South Wall Front door not framed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #228: Living Room Ceiling Sun tunnel cover broken
Investigator’s Observation: Corrected Prior to Jobsite Inspection by Another
No further action is required.
Compliance Item #229: Living Room Flooring Deep chip near kitchen / dining room
Investigator’s Observation: Not Verified - Insufficient Evidence
I saw there was a deep chip in the middle of an LVP plank. There was Insufficient Evidence to determine how this damage occurred or who was responsible.
No further action is required.
Reference Picture(s) 250
Compliance Item #230: Bedroom 1 All Walls Paint incomplete
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #231: Bedroom 1 North Wall AC Vent not installed
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #232: Bedroom 1 West Wall Closet doors broken / left outside in rain
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #233: Bathroom 1 North Wall Plumbing installed incorrectly for vanity
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant explained that the plumbing did not match the vanity. The also stated they installed a temporary sink.
I saw there was a utility sink installed and there was Insufficient Evidence to determine if the plumbing was or was not correct for the vanity.
No further action is required.
Reference Picture(s) 251
Compliance Item #234: Bathroom 1 East Wall Door not framed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #236: Bathroom 1 Toilet Leaking. Flange/wax ring likely old/not replaced despite us paying for it
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant flushed the toilet and it did not leak. The Complainant also expressed concerns that the toilet had wood under it. Shimming a toilet to stabilize it is a common practice.
No further action is required.
Reference Picture(s) 253
Compliance Item #238: Bathroom 1 Shower Need to confirm sloping is correct
Investigator’s Observation: Not Verified
I used a level and noted the shower pan appears to slope towards the drain and is within acceptable minimum workmanship standards.
No further action is required.
Compliance Item #239: Bathroom 1 Electrical Need to confirm proper placement of outlet behind vanity wall for power bar
Investigator’s Observation: Not Verified - Insufficient Evidence
The vanity was not present and I was not able to properly inspect this item.
No further action is required.
Compliance Item #240: Bathroom 1 South Wall Shower controls not installed correctly
Investigator’s Observation: Not Verified - Insufficient Evidence
The plumbing was installed however, there were no handles installed. I was not able to inspect this item.
No further action is required.
Reference Picture(s) 255-257
Compliance Item #242: Bedroom 2 All Walls Old paint line / color still visible thru paint (esp behind bed)
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #243: Bedroom 2 Baseboard cracking in some areas
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #244: Bedroom 2 Ceiling Drywall damaged for smoke detector
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #247: Bedroom Hallway West Wall Drywall inconsistencies
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #248: Bedroom 3 West wall Outlet on left dead
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #249: Bedroom 3 Ceiling Drywall inconsistencies
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #251: Master bathroom All walls Paint incomplete
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #256: Master bathroom Toilet - Flooring Water damage on tile behind toilet
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant explained that the toilet leaked and caused water damage to the floor tiles behind the toilet.
I was not able to determine if there was a toilet leak because the toilet had been uninstalled.
No further action is required.
Reference Picture(s) 265
Compliance Item #257: Master bathroom Toilet Installed crooked, and rocks
Investigator’s Observation: Not Verified - Insufficient Evidence
I was not able to determine if the toilet was crooked because the toilet had been un-installed.
No further action is required.
Reference Picture(s) 265
Compliance Item #262: Master bathroom Shower Room Door not framed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #265: Master bathroom Shower Room Need to confirm sloping is correct
Investigator’s Observation: Not Verified
I checked the shower with a level and noted that it appeared to slope towards the drain.
No further action is required.
Compliance Item #268: Master bathroom Vanity Room Plumbing does not appear to be new for sinks but we paid for that
Investigator’s Observation: Not Verified - Insufficient Evidence
I was not able to determine the age of the plumbing components by visual inspection.
No further action is required.
Reference Picture(s) 273-274
Compliance Item #269: Master bathroom Vanity Room Drywall not completed behind and beside vanity
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #271: Master Bedroom All walls Not painted
Investigator’s Observation: Combined with Compliance Item #270
See Compliance Item #270
Compliance Item #272: Master Bedroom All walls Crown molding not installed
Investigator’s Observation: Combined with Compliance Item #270
See Compliance Item #270
Compliance Item #273: Master Bedroom North Wall Door not framed
Investigator’s Observation: Combined with Compliance Item #270
See Compliance Item #270
Compliance Item #274: Master Bedroom North wall Lintel modified after structural engineer inspection (no follow-up inspection)
Investigator’s Observation: Not Verified
This allegation does not indicate a specific workmanship allegation.
No further action is required.
Compliance Item #276: Master Bedroom – North Wall – Lintel modified after structural engineer inspection (no follow-up inspection)
Investigator’s Observation: Not Verified
This allegation does not indicate a specific workmanship allegation.
No further action is required.
Compliance Item #278: Master Bedroom South Wall AC Vent not installed
Investigator’s Observation: Verified
I saw that the AC vent was not installed.
The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.
Compliance Item #279: Interior Pocket Doors 6 new doors damaged due to water from leaking ceiling
Investigator’s Observation: Removed from Complaint by the Complainant at the Jobsite Inspection
No further action is required.
Compliance Item #281: Exterior North to Arabian Stucco not completed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #283: Exterior Back porch wall Hole in stucco for drain is unfinished
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #284: Exterior Breaker Panel Ground wires to ground missing
Investigator’s Observation: Not Verified - Insufficient Evidence
The Complainant did not have specific information concerning this compliance item and was not able to show me.
No further action is required.
Compliance Item #286: Exterior Roof parapet Change order - not inspected & incomplete
Investigator’s Observation: Combined with Compliance Item #122
See Compliance Item #122
Compliance Item #287: Exterior Scuppers Scuppers were never received / installed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #288: Exterior South Wall towards Del Mercurio Stucco not completed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #289: Exterior Trellis beams Structural engineer required inspection - was not completed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #290: Exterior West to 87th Stucco not completed
Investigator’s Observation: DUPLICATE Complaint Item
No further action is required.
Compliance Item #292: Contract Contract/Bid Credit owed from window/door installs being done by another company
Investigator’s Observation: Not Verified
The Registrar does not have jurisdiction over financial matters. This is not within the Registrar’s scope of authority.
No further action is required.
Compliance Item #293: Contract Contract/Bid Credit owed for windows allowance (I ordered thru another company)
Investigator’s Observation: Not Verified
The Registrar does not have jurisdiction over financial matters. This is not within the Registrar’s scope of authority.
No further action is required.
Compliance Item #294: Contract Contract/Bid Credit owed from paying out of pocket for electrical finishes
Investigator’s Observation: Not Verified
The Registrar does not have jurisdiction over financial matters. This is not within the Registrar’s scope of authority.
No further action is required.
Compliance Item #295: Contract Contract/Bid Credit owed from paying out of pocket for paint from Sherwin Williams
Investigator’s Observation: Not Verified
The Registrar does not have jurisdiction over financial matters. This is not within the Registrar’s scope of authority.
No further action is required.
Compliance Item #296: Contract Contract/Bid Credit owed from paying out of pocket for painting interior doors
Investigator’s Observation: Not Verified
The Registrar does not have jurisdiction over financial matters. This is not within the Registrar’s scope of authority.
No further action is required.
All errors in original.
Investigator Nipp testified that he spoke with a representative from the City of Scottsdale on April 24, 2024, and was informed that the permit that was obtained for the project was incorrect, and that an additional permit was needed. On May 17, 2024, Investigator Nipp ascertained that the correct permit was applied for on February 29, 2024, however, had not been issued due to the plans not having been approved, and there was no approval date set. Respondent had requested an extension to comply with the Written Directive, however, did not provide a timeframe to Investigator Nipp, and there was no expected date for permit approval. Further, by May 17, 2024, the timeframe specified in the Written Directive had already expired by 21 days, and Respondent had been provided with a total of 39 days to comply. Investigator Nipp testified that Respondent should have had the correct permit in place prior to commencing its work on the project. Investigator Nipp did not grant a formal extension for compliance with the Written Directive to Respondent, and forwarded the matter to the Registrar’s Legal Department for the issuance of a Citation.
The Registrar issued a Citation against Respondent charging possible violations of A.R.S. § 32-1154(A)(1), A.R.S. § 32-1154(A)(2)(a) and (b), A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a) and (b), and A.R.S. § 32-1154(A)(22).
Investigator Nipp testified consistently with his findings contained in the extensive Written Directive. Investigator Nipp testified that he had received an email dated April 16, 2024, from Jorge Ramirez of JBR Design Concepts, that stated “I am the person handling the permits, Javier Barcelo is the General Contractor.” Mr. Ramirez was the architect for the project. Regardless of the fact that Mr. Ramirez indicated that he was the individual responsible for obtaining the proper permits for the project, Respondent, as the general contractor for the project, began work without proper permitting in place.
Investigator Nipp further testified that pursuant to the terms of the parties’ contract, the project was to have been completed “on or before November 20, 2023. . .” Regarding permits, the parties’ contract states:
Pamela Stephens shall obtain all necessary building permits. Barcelo Builders shall apply for and obtain any other necessary permits and licenses required by the local municipal/county government to do the work, the cost thereof shall be included as part of the Payment to Barcelo Builders under this Contract.
On July 6, 2023, Complainant paid Mr. Ramirez $330.00 for the permit.
Investigator Nipp explained that in addition to proceeding to perform work without proper permitting, Respondent failed to have the required inspections performed and covered its work prior to any inspections, resulting in the issuance of a Stop Work Order. Complainant, not Respondent, contacted the City of Scottsdale to obtain the inspection reports, and that is what prompted the February 8, 2024 inspection that resulted in the issuance of the Stop Work Order.
Investigator Nipp acknowledged that Respondent could not perform any work while there was a Stop Work Order in place and the permit was not issued until June 6, 2024. However the Stop Work Order was dated February 8, 2024, and Investigator Nipp testified that Respondent should have been working on obtaining the proper permit.
Complainant testified that she had hired Mr. Ramirez as the architect for the project. Complainant credibly testified that thereafter, Mr. Ramirez was hired by Respondent as the Project Manager and that Mr. Ramirez was paid by Respondent for such work. As Project Manager, Mr. Ramirez was tasked by Respondent to obtain the proper permits.
Complainant further testified that Respondent never attempted to contact Complainant during the period of the Written Directive or in the time period prior to the Citation being issued. Complainant expressed her frustration at the fact that the remodel is only about half complete and that there are numerous deficiencies in the work that was done. Complainant further asserted that Respondent drafted the contract, and therefore, any ambiguity in the contract concerning the permit was of Respondent’s doing.
There is a pending permit with the City of Scottsdale as of June 14, 2024. The permit has not been paid for, as Complainant “wanted nothing to do with [Respondent] after the Written Directive” expired. Complainant lost faith in Respondent and questioned whether anything had been done correctly.
No one testified on behalf of Respondent.
Administrative notice is taken of Respondent’s prior License record on October 30, 2024. Such prior License record reflects that Respondent’s License Number 276956 was first issued on February 16, 2012, and is active. Such prior License record also reflects that there is only the instant open complaint, no resolved/settled complaints, and no discipline against Respondent’s license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction.
Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”
In this case, Investigator Nipp found that Respondent’s work was not in conformity with the Registrar’s standards. Investigator Nipp determined the existence of workmanship issues concerning the work that was performed by Respondent. Respondent failed to complete its scope of work pursuant to its contract. Respondent blamed its failure to complete the project on the fact that an incorrect permit was initially obtained, and attempted to shift the blame for such to Complainant based on a contradictory sentence contained in the contract that was drafted by Respondent. Moreover, the credible and uncontroverted evidence established that Respondent hired Mr. Ramirez as Project Manager and Mr. Ramirez was responsible for obtaining the proper permits.
Pursuant to the terms of the parties’ contract, the project was to be complete no later than November 20, 2023. Respondent was responsible, through Project Manager Ramirez, for obtaining the proper permits, failed to do so, and notwithstanding such, commenced work on the project without proper permitting in place. Respondent’s assertion that it could not perform work after February 8, 2024, due to the Stop Work Order, is not valid justification, as the project was to have been completed months prior, and the Stop Work Order was issued as the result of Respondent’s improper work without proper permits. Therefore, the credible, substantial, and probative evidence of record established that Respondent abandoned its contract with Complainant without legal excuse, in violation of A.R.S. § 32-1154(A)(1).
The credible, substantial, and probative evidence of record established that Respondent failed to obtain proper permitting for the project and when the project was inspected, a Stop Work Order was issued due to such failure and the fact that Respondent covered its work precluding proper inspection, in violation of A.R.S. § 32-1154(A)(2)(a) and (b).
The credible, substantial, and probative evidence of record established that Respondent failed to complete its scope of work, and much of the work that was performed was deficient. Therefore, Complainant established that Respondent did not complete the project in a professional and workmanlike manner or in accordance with applicable building codes and professional industry standards, in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a) and (b).
The evidence established that Respondent did not complete the required corrective work following the Written Directive being issued. Respondent’s argument that it did not comply with the Written Directive because of the Stop Work Order is not persuasive as the credible, substantial, and probative evidence of record established that the Stop Work Order was issued due to Respondent’s improper work without proper permits. Respondent’s Project Manager Ramirez was responsible for obtaining the proper permits and failed to do so. Respondent commenced work without the proper permits in place. Respondent, as a licensed contractor, should have known the type of permit required for its scope of work. Therefore, the Administrative Law Judge concludes, based on the evidence of record, that valid justification did not exist for Respondent’s failure to comply with the Written Directive as the permitting issue should have been timely rectified. Therefore, Complainant established that Respondent failed to take appropriate corrective action following a Written Directive from the Registrar in violation of A.R.S. § 32-1154(A)(22).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License Number 276956 for a period of seven (7) days.
It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).
It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty (30) days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.
Done this day, November 4, 2024.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by e-mail to:
Tom Cole, Director
Registrar of Contractors
c/o Legal Department
[email redacted]
Mark Nipp
[email redacted]
Mark G. Saric, Esq.
Resolvere Law PLLC
[email redacted]
Pamela Stephens
[email redacted]
By: OAH Staff