2024A-01893-CHC-ROC Notice of Hearing & Packet MAILED 2024-01893.pdf
2024A-01893-CHC-ROC · Registrar of Contractors · 2024-06-03
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Rebecca Romanucci , Case No. 2024-01893
COMPLAINANT, Docket No. 2024A-01893-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Restoration Services Ltd License No. ROC 058947,
RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
July 16, 2024 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED
The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on May 13, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED
The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will
be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.
A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET
In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS
The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT
At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE
The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com
If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of
extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed
Complaints – Resolved/Settled/Withdrawn.”
Dated June 3, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail June 3, 2024 to:
Respondent(s) Restoration Services Ltd 3744 E Joan De Arc Ave Phoenix, AZ 85032
Complainant(s) Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259 Complainant's Attorney Frederick E. Davidson Esq. 8700 E Pinnacle Peak Rd Ste. 221 Scottsdale, AZ 85255
Copy sent electronically this same date to:
Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar
Case No. 2024-01893 /
Katie Hobbs, Governor Martin Quezada, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Complainant: Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Restoration Services Ltd DBA: 3744 E Joan De Arc Ave Phoenix, AZ 85032
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 February 21, 2024
Re: Complaint No. 2024-01893
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for Tuesday, March 19, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely,
Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
Cc: File Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 2/26/24, 3:39 PM State of Arizona Mail - Complaint No. 2024-01893
Doug Barrett <[email redacted]>
Complaint No. 2024-01893 chuck nechtman <[email redacted]> Mon, Feb 26, 2024 at 2:58 PM To: Doug Barrett <[email redacted]>
Mr. Barrett,
Please see attached file that includes the response to the complaint, authorization to proceed with repairs, permit and engineer repair protocol and special inspections. I have the jobsite inspection on in my schedule book for March 19 2024 at 10:00 AM.
Thank you,
Chuck Nechtman
Restoration Services Ltd.
602-309-1116
From: Doug Barrett <[email redacted]> Sent: Wednesday, February 21, 2024 10:40 AM To: [email redacted] Subject: Doug Barrett has shared "20240221 Jobsite Inspection Notice 2024-01893.pdf" + 2 files with you
Doug has shared the following files with you:
Please find a copy of the complaint, a list of complaint items, and a jobsite inspection notice attached. https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/3 2/26/24, 3:39 PM State of Arizona Mail - Complaint No. 2024-01893
Regards,
20240221 Jobsite Inspection Notice 2024-01893.pdf
20240221 List of Items 2024-01893.pdf
Complaint Form.pdf.pdf
© 2024 Egnyte, Inc. All rights reserved. https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 2/3 2/26/24, 3:39 PM State of Arizona Mail - Complaint No. 2024-01893
Contact Us|Egnyte.com
ROC complaint # 2024-01893 response.pdf 7786K
https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 3/3 Complainant: Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Respondent: Restoration Services Ltd DBA: 3744 E Joan De Arc Ave Phoenix, AZ 85032
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 February 26, 2024
JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-01893
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for March 19, 2024 at 10:00 AM has been rescheduled for Tuesday, March 26, 2024 at 10:00 AM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely,
Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 .I .
List of Items that my husband and I believe to be subpar workmanship.
Romanucci / Chuck Nechtman, Restoration Services
- • Quartz - I would like the chance to have the flooring company who was the subcontractor for the flooring, shower and quartz present at the march 26th 2024 10:00 meeting. - • Agreed upon plan was for all quartz to be 1 ½" edge treatment - high grade and along the same continuous wall, the edges around the vanities is 1 ½", and surrounding the jacuzzi is only¾ ". Very noticeable, distracting, cheap looking • Both large side walls of jacuzzi tub are obviously installed bottom up, with no polish finish, rough texture, no shine, dull and distractingly, not matching the top surfaces • Right corner of the quartz surrounding the jacuzzi tub appears to be 'rough cut', perhaps it was cut while it was in my front yard. It appears that they made grotesque attempt to 'polish and correct this' while at the house. • Multiple waves/gouges on this same corner, as it appears they tried to hide/correct their error after installing it • Multiple seams across the front of the jacuzzi tub, grossly uneven in width, some are installed bottom up, like the side walls, are rough and without polish or shine and some are polished. It appears that they made an attempt to have the pattern in the quartz go in a similar way, by installing some bottom side up • Seams separating and gaping holes • Chips in corners • Chip in porcelain tub from the quartz installation or from the remove/reinstall of the tub itself, by the plumber • Scratches in quartz in multiple places • Joint width is excessive • Joint caulking exceeds 1/8" in some locations • Warped or bowed • Vein trend is not flowing in the same direction • Pinholes • Stains • Inconsistent polishing
- Tile/grout/baseboards - - I would like the chance to have the flooring company who was the subcontractor for the flooring, shower and quartz present at the march 26th 2024 10:00 meeting. • Shower tile is not the agreed upon plan, a chosen tile with 'ridges' was supposed to be installed along the walls, instead they used the floor tile on the shower walls • Tile grout separating at wall I master bathroom water closet • Some of the rubber baseboards are of varying widths and appear to be bowing • Tile grout adjacent to fireplace in family room is gaping/missing
- Cabinets • Cabinets hit jacuzzi side edge when opening (my prior cabinets did not do this) • Knobs on medicine cabinets strike hard onto the glass mirrors and will break the mirrors. These cabinets should have been the type that press to open, and not use knobs at all- owner selected the cabinets • All of the cabinets in the master bathroom should have been the type with press to open hinges, and not have knobs at all. The contractor should have recognized this when he measured and reviewed the designs The owner worked direct with the cabinet supplier for selection and layout. The owner selected the cabinets and cabinet hardware. • Knobs of long cabinets along the shower wall, strike the wall hard when they are opened • The Knobs on the right side of the long cabinets are installed incorrectly/misaligned Punch list item • Left top drawer of vanity does not stay open like all of the others, closes on its own Electric making it difficult to use- punch list item • Electrician did not install the vanity light over the right-side sink in master bathroom and it is crooked / loose- This is a punch list item • Electrician did not remove/reinstall alarm boxes/panels, thermostat control panels, ceiling fans, smoke and other ceiling detectors • Recessed lighting cannisters are dropping These are the trim for can lights. The spring mechanism are no longer working correct do to age - We have already worked these and switched some out. • Electric outlet plate is missing in wine cellar ceiling- punch list item Paint
• Shutters were all supposed to be painted white to match the walls In • Newly constructed and installed floating shelf area in master bedroom have seams, hammer marks, cracks, paint drips, missing paint • Powder bath inside with door closed, to the right of the hinges is not painted/prepped or treated properly • Attic access doors need paint • Almost all plug outlet covers have gaps where there is a gap between where the drywall ends and the plate begins, may need drywall and paint • Tape seam crack or drywall issue in game room bathroom • These are punch list items that would be taken care of as discussed with Owner. HVAC • Did not seal the intake vents and ran the AC full blast for months during concreate demo, tile cutting, cement pouring, etc. I had to pay an exorbitant amount of money to have the system cleaned, and now the vent in the master bedroom is very loud and AC units likely compromised - Bedroom doors were locked and no access was available. the rest of returns and supply vents were all covered during critic portions of the demolition - duct system was cleaned and according to duct cleaners there wasn't any unusual dust/ debris except for the burnt cardboard at the air handler • Destroyed much of our HHG, carpets, ac units, appliances - dishwashers, disposal, refrigerators, ceiling fans, etc. The intake / filter? area at the bottom of the dishwashers and refrigerator were pulled away bowed, bent and I had to hire an appliance person to lack • of Prep Work • • • Insurance provided allowance for appliances, vanity sinks, faucets, toilets, tubs, ceiling • fans, chandeliers, shelving to be stored in a climate-controlled environment. Chandeliers • clean and repair all appliances - Appliances were removed from our scope and the • allowances provided by the insurance company was credited back to owner. No concrete was removed in the laundry room and kitchen / great room this is why they were removed from the scope of repairs. • were stored in our non-climate controlled hot and dusty garage, one was slid around the • house, room to room, while the concrete demo and all work was being completed. • • Sinks, faucets, jacuzzi tub, shelving, solid nickel towel hooks, toilet paper holders, medicine cabinet interiors, etc. were left on our back porch, exposed to the elements, sun exposure, rain, cold, wind, dirt, animals, bugs, etc. Not a true statement the master closet was used to store the tub, towel bars, plumbing fixtures... There was no allowance that I am aware of for a temperature controled storage unit. • Disorganization, lack of preparation, professionalism and care to store our items properly, like our insurance provided for, caused the loss and breaking of many items. Lost solid brushed nickel towel hook back piece, which aren't made any more and match all others in the entire house, toilet Kholer toilet paper holders. Instead of storing appliances in a climate-controlled storage unit, many things were broken and damaged as they slid them around room to room while they demoed cement, poured cement, etc. Not a true statement storage of tub, towel bars, faucets were in a contained areas and not being moved from one location to another during the concrete work and tile install. Washing machine is missing the start button, and we had to have the washing machine and two dishwashers, garbage disposal, all professionally cleaned to remove all of the gravel and debris. The work area was contained and maintained during concrete demo • and pour as well as during the tile floor removal. The kitchen and laundry room concrete did not get removed and these areas were contained as well. • Lack of supervision, prep and follow up with his chosen sub-contractors caused the breaking of 2 master bath faucets, chip in porcelain jacuzzi tub, broken flange when the toilet was removed/reinstalled in powder bathroom, running over of exterior landscape lights, irrigation, foliage, paver-stones. Paver driveway replacement has been approved and funds allocated from the insurance company. Owners at one time wanted to replace/ repair the current landscape lights. I told them I would give them a credit for the landscape lights that were damaged at $100.00 a light. There was no sense to replace something that they may change design or look. • Lack of supervision and planning created multiple additional expenses to me regarding cleaning of drapes, carpets, piano, furniture, etc. because he told me to get the house cleaned multiple times, only to have his timing be to create more dust and debris with scheduling work after these cleanings, saw cutting, polishing quartz, cleaning HVAC, installation of quartz, etc. This project was 2 phased since there was no accesses to the bedrooms during the concrete slab work and flooring phase of the repairs. The main house needed to be completed prior to the start of work in the bedrooms. The allowance • for the cleaning that was allowed by the insurance company allowed taking this off the • scope Use of of work. on our front porch left shards of tile, quartz, nails, screws, cigarette equipment butts, spreading of filler rocks, depressions in landscape, killing of foliage, front and back porches are stained and scratched Complaint #2024-01893 P 1 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 2 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 3 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 4 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 5 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Rough surface on both sides of the master tub. Complaint #2024-01893 P 6 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Grinder blemishes and uneven surface on both sides of master tub. Complaint #2024-01893 P 7 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 8 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 9 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Chip in surface at back right corner of master tub. Complaint #2024-01893 P 10 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Poor/misaligned cut at right vanity to tub transition. Complaint #2024-01893 P 11 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Poor cut and missing grout/caulk at right side of master tub step. Complaint #2024-01893 P 12 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing grout/caulk at left vanity. Complaint #2024-01893 P 13 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing grout/caulk around all master bath backsplash. Complaint #2024-01893 P 14 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 15 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing grout/caulk at front face of master tub. Complaint #2024-01893 P 16 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Chip in master tub, left side. Complaint #2024-01893 P 17 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 18 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 19 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 20 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 21 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 22 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 23 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 24 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 25 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 26 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing grout/caulk at right side of fireplace. Complaint #2024-01893 P 27 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 28 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 29 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Left linen cabinet doors rub in master bath. Complaint #2024-01893 P 30 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 31 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Knobs at both linen cabinets in master bath are not level. Complaint #2024-01893 P 32 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Cut/damaged right drawer and door in the left master bath vanity Complaint #2024-01893 P 33 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Right master bath vanity light fixture is loose. Complaint #2024-01893 P 34 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 35 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 36 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 37 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Can lights not flush above master bed. Complaint #2024-01893 P 38 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 39 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Master bath tub jets/motor does not function. Complaint #2024-01893 P 40 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing bottom shelf in both master bath linen cabinets. Complaint #2024-01893 P 41 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Back skin in master bath vanities. Complaint #2024-01893 P 42 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 43 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing hinges in master bath linen cabinets, four. Complaint #2024-01893 P 44 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing outlet cover in wine fridge ceiling. Complaint #2024-01893 P 45 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Excess caulking not cleaned off floating shelves in master bedroom. Complaint #2024-01893 P 46 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 47 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Nail holes not filled in master bedroom floating shelves. Complaint #2024-01893 P 48 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 49 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 50 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 51 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 52 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 53 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 54 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Unfinished corners at front door. Complaint #2024-01893 P 55 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 56 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Sloppy caulk/adhesive at front door. Complaint #2024-01893 P 57 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 58 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 59 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 60 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Dips in paver driveway, right side. Complaint #2024-01893 P 61 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Dips in paver driveway left side. Complaint #2024-01893 P 62 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 63 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Master tub. Complaint #2024-01893 P 64 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Master tub. 3/29/24, 10:04 AM State of Arizona Mail - Complaint No. 2024-01893
Doug Barrett <[email redacted]>
Complaint No. 2024-01893 chuck nechtman <[email redacted]> Wed, Mar 27, 2024 at 3:11 PM To: Doug Barrett <[email redacted]>
Mr. Barrett
I have attached the initialed and signed off proposal for the flooring and quartz between Mrs. Romanucci and Envision flooring. I am waiting for emails from Envision Flooring from the designer and quartz fabricator selections between the suppliers and Mrs. Romanucci.
https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 3/29/24, 10:04 AM State of Arizona Mail - Complaint No. 2024-01893
Thank you, Chuck Nechtman Restoration Services ltd. 602-309-1116
https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 Jobsite Inspection Notes
Case No.: 2024-01893 Investigator: Doug Barrett Inspection Date: Tuesday, March 26, 2024 Inspection Time: 10:00 AM
Complainant: Rebecca Romanucci Respondent: Restoration Services Not Present: Ltd Not Present:
Jobsite General Notes: Both parties were present, including the Complainant’s attorney, Frederick E. Davidson, and Chuck Nechtman from the Respondent. I discussed expectations versus minimum workmanship standards with the parties, including the fact that construction inherently by nature is not perfect.
Compliance Item: 2 - Both side walls of master tub are dull and rough. Right corner appears "rough cut". Investigator’s Observation: Verified. I observed both sides of the master tub and the front of the tub and they were dull and did not match the texture and appearance of the surrounding stone. The right corner appeared to have grinder marks with an uneven surface. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - Chips in corners. Chip in porcelain tub. Seam separating with holes. Investigator’s Observation: Verified. I observed a chip in the stone at the back right corner of the master tub surround. I observed a rough cut in 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
the stone where it meets the right vanity. I observed a gap at the right end of the tub step. There is missing grout/caulking at the left vanity top meeting the tub surround. There is missing grout/caulking around all vanity backsplashes. There is missing grout/caulking at the lower right front of the tub. There is a chip in the tub at the left side. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 6 - Grout separating at wall in master bath water closet. Investigator’s Observation: Verified. I observed cracking grout/caulking along the base in the master water closet. I observed paint missing from the base at the water valve for the toilet. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 7 - Grout adjacent to fireplace in family room is missing. Investigator’s Observation: Verified. I observed the right side of the hearth at the family room fireplace and there was missing grout. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 10 - Knobs on master bathroom cabinets are misaligned. Left vanity has damaged cabinet. Investigator’s Observation: Verified. I observed the knobs on the linen cabinets and they were not aligned. I observed the left linen cabinet doors rubbing on each other as they are opened. I observed the left vanity and the right drawer and door had damage. I observed no bases installed in both linen
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
cabinets. I observed four missing hinges for the linen cabinet doors. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Vanity light over the right sink in master bathroom is crooked/loose. Investigator’s Observation: Verified. I observed the right vanity light fixture in the master bathroom and it was loose. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 12 - Master bathroom jacuzzi does not work. Investigator’s Observation: Verified. The master bathroom jacuzzi was filled with water and the motor would not turn on for the jets. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 13 - Recessed light canisters are dropping. Electric outlet plate missing in wine cellar. Investigator’s Observation: Verified. I observed the can lights above the master bedroom bed and they were not flush with the ceiling. I observed an outlet on the ceiling in the wine cellar and the cover was not installed. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 15 - Floating shelves have seams, hammer marks, cracks, paint drips, missing paint. Investigator’s Observation: Verified. I observed excessive caulking around all the seams. I observed nail holes not filled and finished. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Large cut outs made under master bath vanities for plumbing. Investigator’s Observation: Verified. I observed large rough cut squares in the back panel of both master bath vanities for the plumbing. For this application, holes should be cut with the escutcheons as finishing’s. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - Attic access doors need paint. Investigator’s Observation: Verified. I observed the attic access points in the ceiling and they had several marks on them and one had a gap. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 19 - Missing tile at front door threshold. Not grouted properly. Investigator’s Observation: Verified. I observed the lower left and right sides of the outside tile threshold and there are square spots from old material. I observed where tile meets the front porch stone and there is sloppy
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
sealant/caulk along the whole joint. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION:
Compliance Item: 1 - Contract specified 1 1/2” bill nose edge on all granite, most is 5/8”. Investigator’s Observation: Unverified. I observed the master bathroom granite where the vanity tops had 1 1/2" edges and the tub had 3/4". There is no specification in the contract as to the thickness for the tub. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 3 - Seams across the front of tub uneven in width, veins do not match. Investigator’s Observation: Unverified. The seams and veins appeared consistent throughout. Governing Rule: N/A
Compliance Item: 5 - Shower tile is not the agreed upon plan. Tile with ridges was supposed to be used along the walls. Investigator’s Observation: Unverified. This item refers to the wall tile in the master shower. I observed 12"x 24" tile installed on the walls and mosaic on the pan. Both of these tiles are listed in the signed contract. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 8 - Master bath chandelier had melted bag on it from construction. Investigator’s Observation: Unverified. The complainant had replaced the bulbs prior to this inspection. Governing Rule: N/A
Compliance Item: 9 - Cabinets hit jacuzzi side edge when opening. Knobs on medicine cabinets hit mirror. Should have been press to open. Investigator’s Observation: Unverified. I observed the cabinet doors and medicine cabinet and they functioned properly with rubber stops on them. There is no detail in the contract as to how the doors were to operate. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 14 - Shutters were all supposed to be painted white to match the walls. Investigator’s Observation: Unverified. I observed beige shutters throughout the home and white walls. I am unable to verify in a contract that the shutters were to be painted. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A
Compliance Item: 18 - Almost all plug covers have gaps at the drywall. Tape seam crack issue in game room bathroom. Investigator’s Observation: Unverified. The respondent did not install the outlets and did not perform any drywall work in the game room bathroom. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Complainant: Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Restoration Services Ltd DBA: 3744 E Joan De Arc Ave Phoenix, AZ 85032
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 March 29, 2024
License No. ROC 058947
Re:Complaint No. 2024-01893
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, April 19, 2024.
RESTRICTIONS You may not perform or hire other contractors to perform work that is outside the scope of your license. If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item: 2 - Both side walls of master tub are dull and rough. Right corner appears "rough cut". Investigator’s Observation: Verified. I observed both sides of the master tub and the front of the tub and they were dull and did not match the texture and appearance of the surrounding stone. The right corner appeared to have grinder marks with an uneven surface. Contractor should correct by appropriate means.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - Chips in corners. Chip in porcelain tub. Seam separating with holes. Investigator’s Observation: Verified. I observed a chip in the stone at the back right corner of the master tub surround. I observed a rough cut in the stone where it meets the right vanity. I observed a gap at the right end of the tub step. There is missing grout/caulking at the left vanity top meeting the tub surround. There is missing grout/caulking around all vanity backsplashes. There is missing grout/caulking at the lower right front of the tub. There is a chip in the tub at the left side. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 6 - Grout separating at wall in master bath water closet. Investigator’s Observation: Verified. I observed cracking grout/caulking along the base in the master water closet. I observed paint missing from the base at the water valve for the toilet. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 7 - Grout adjacent to fireplace in family room is missing. Investigator’s Observation: Verified. I observed the right side of the hearth at the family room fireplace and there was missing grout. Contractor should correct by appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 10 - Knobs on master bathroom cabinets are misaligned. Left vanity has damaged cabinet. Investigator’s Observation: Verified. I observed the knobs on the linen cabinets and they were not aligned. I observed the left linen cabinet doors rubbing on each other as they are opened. I observed the left vanity and the right drawer and door had damage. I observed no bases installed in both linen cabinets. I observed four missing hinges for the linen cabinet doors. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Vanity light over the right sink in master bathroom is crooked/loose. Investigator’s Observation: Verified. I observed the right vanity light fixture in the master bathroom and it was loose. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 12 - Master bathroom jacuzzi does not work. Investigator’s Observation: Verified. The master bathroom jacuzzi was filled with water and the motor would not turn on for the jets. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 13 - Recessed light canisters are dropping. Electric outlet plate missing in wine cellar. Investigator’s Observation: Verified. I observed the can lights above the master bedroom bed and they were not flush with the ceiling. I observed an outlet on the ceiling in the wine cellar and the cover was not installed. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - Floating shelves have seams, hammer marks, cracks, paint drips, missing paint. Investigator’s Observation: Verified. I observed excessive caulking around all the seams. I observed nail holes not filled and finished. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Large cut outs made under master bath vanities for plumbing. Investigator’s Observation: Verified. I observed large rough cut squares in the back panel of both master bath vanities for the plumbing. For this application, holes should be cut with the escutcheons as finishing’s. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - Attic access doors need paint. Investigator’s Observation: Verified. I observed the attic access points in the ceiling and they had several marks on them and one had a gap. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 19 - Missing tile at front door threshold. Not grouted properly. Investigator’s Observation: Verified. I observed the lower left and right sides of the outside tile threshold and there are square spots from old material. I observed where tile meets the front porch stone and there is sloppy sealant/caulk along the whole joint. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 1 - Contract specified 1 1/2” bull nose edge on all granite, most is 5/8”. Investigator’s Observation: Unverified. I observed the master bathroom granite where the vanity tops had 1 1/2" edges and the tub had 3/4". There is no specification in the contract as to the thickness for the tub. In response to this complaint item: There is not sufficient evidence to find that the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 3 - Seams across the front of tub uneven in width, veins do not match. Investigator’s Observation: Unverified. The seams and veins appeared consistent throughout. Governing Rule: N/A
Compliance Item: 5 - Shower tile is not the agreed upon plan. Tile with ridges was supposed to be used along the walls. Investigator’s Observation: Unverified. This item refers to the wall tile in the master shower. I observed 12"x 24" tile installed on the walls and mosaic on the pan. Both of these tiles are listed in the signed contract. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 8 - Master bath chandelier had melted bag on it from construction. Investigator’s Observation: Unverified. The complainant had replaced the bulbs prior to this inspection. Governing Rule: N/A
Compliance Item: 9 - Cabinets hit jacuzzi side edge when opening. Knobs on medicine cabinets hit mirror. Should have been press to open. Investigator’s Observation: Unverified. I observed the cabinet doors and medicine cabinet and they functioned properly with rubber stops on them.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 There is no detail in the contract as to how the doors were to operate. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 14 - Shutters were all supposed to be painted white to match the walls. Investigator’s Observation: Unverified. I observed beige shutters throughout the home and white walls. I am unable to verify in a contract that the shutters were to be painted. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A
Compliance Item: 18 - Almost all plug covers have gaps at the drywall. Tape seam crack issue in game room bathroom. Investigator’s Observation: Unverified. The respondent did not install the outlets and did not perform any drywall work in the game room bathroom. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 CC: Respondent Complainant Complainant Attorney
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant Attorney: Frederick E. Davidson Esq. 8700 E Pinnacle Peak Rd Ste 221 Scottsdale, AZ 85255
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 4/18/24, 9:56 AM State of Arizona Mail - Complaint No. 2024-01893
Doug Barrett <[email redacted]>
Complaint No. 2024-01893 chuck nechtman <[email redacted]> Sat, Apr 13, 2024 at 8:29 AM To: Doug Barrett <[email redacted]>
Mr. Barrett
I have attached pictures (excuse the quality) of corrected items on the directive. The replacement vanity door front and drawer front has an ETA of the week of 4-15-24 depending on delivery and the owners schedule we may need an extension on the corrections. The quartz fabricator is scheduled for Tuesday 4-16-24 and once the corrections have been made I will forward more pictures.
Thank you
Chuck Nechtman
Restoration Services ltd.
602-309-1116
attachments D44E57AA-C5CE-4911-AD4E-34DC846E1DCB.pdf 148K EC9F4765-BC90-4D97-AC36-5CBE6EF6BC0A.pdf 148K EDE7E69F-C378-4088-A0D8-1EE7C470F35F.pdf 370K image000001.pdf 133K image000002.pdf 94K image000003.pdf 151K 5DD4CDD3-64BF-4C53-AB0A-7249BE072E3E.pdf 192K 6D4599B7-3C78-4640-997F-0925293EDC09.pdf 232K 58BF3723-7F4D-4FE0-BA91-5F933089C3E0.pdf 236K 376B96F7-B805-4216-B080-EF1520330D8C.pdf 190K
https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 4/18/24, 9:56 AM State of Arizona Mail - Complaint No. 2024-01893
730E862F-89A7-48BF-A288-3F4269FE3AAE.pdf 270K 1022F7B8-F057-4F73-BB81-12CFD37F54AD.pdf 183K A8D19AB2-8B76-493B-B937-C2F8883CA6C1.pdf 178K D44E57AA-C5CE-4911-AD4E-34DC846E1DCB.pdf 151K 376B96F7-B805-4216-B080-EF1520330D8C.pdf 186K
https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 4/18/24, 9:56 AM State of Arizona Mail - Complaint No. 2024-018393
Doug Barrett <[email redacted]>
Complaint No. 2024-018393 chuck nechtman <[email redacted]> Tue, Apr 16, 2024 at 4:16 PM To: Doug Barrett <[email redacted]>
Mr. Barrett
I attached 2 more pictures these are for the attic access panel painted compliance #17. I am requesting an extension to complete the reaming 2 items.
The cabinet drawer face and door front for the master bathroom vanity ETA is the end of this week first of next week. Once in hand I can schedule the cabinet installer
The fabricator needs to make another trip to the property to finish up quartz corrections. I plan on scheduling this the same day the as the cabinet repairs.
I talked to Mrs. Romanucci about rescheduling I told her I would contact her once the cabinet door and drawer front are in our hands.
I am not sure how much of an extension to request. We still have to inspect the cabinet drawer front and door for any damages when they arrive.
Thank you,
Chuck Nechtman
Restoration Services Ltd.
602-309-1116
attachments 3D47C054-37A8-4E98-BB6A-B4076CFF9C42.pdf 161K DD18D8C1-E9EB-42AF-9175-A97BFE172E3C.pdf 216K
https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Complainant: Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Restoration Services Ltd DBA: 3744 E Joan De Arc Ave Phoenix, AZ 85032
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 19, 2024
License No. ROC 058947
Re:Complaint No. 2024-01893
AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Monday, May 6, 2024.
RESTRICTIONS You may not perform or hire other contractors to perform work that is outside the scope of your license. If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item: 2 - Both side walls of master tub are dull and rough. Right corner appears "rough cut". Investigator’s Observation: Verified. I observed both sides of the master tub and the front of the tub and they were dull and did not match the texture and appearance of the surrounding stone. The right corner appeared to have grinder marks with an uneven surface. Contractor should correct by appropriate means.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - Chips in corners. Chip in porcelain tub. Seam separating with holes. Investigator’s Observation: Verified. I observed a chip in the stone at the back right corner of the master tub surround. I observed a rough cut in the stone where it meets the right vanity. I observed a gap at the right end of the tub step. There is missing grout/caulking at the left vanity top meeting the tub surround. There is missing grout/caulking around all vanity backsplashes. There is missing grout/caulking at the lower right front of the tub. There is a chip in the tub at the left side. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 6 - Grout separating at wall in master bath water closet. Investigator’s Observation: Verified. I observed cracking grout/caulking along the base in the master water closet. I observed paint missing from the base at the water valve for the toilet. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 7 - Grout adjacent to fireplace in family room is missing. Investigator’s Observation: Verified. I observed the right side of the hearth at the family room fireplace and there was missing grout. Contractor should correct by appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 10 - Knobs on master bathroom cabinets are misaligned. Left vanity has damaged cabinet. Investigator’s Observation: Verified. I observed the knobs on the linen cabinets and they were not aligned. I observed the left linen cabinet doors rubbing on each other as they are opened. I observed the left vanity and the right drawer and door had damage. I observed no bases installed in both linen cabinets. I observed four missing hinges for the linen cabinet doors. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Vanity light over the right sink in master bathroom is crooked/loose. Investigator’s Observation: Verified. I observed the right vanity light fixture in the master bathroom and it was loose. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 12 - Master bathroom jacuzzi does not work. Investigator’s Observation: Verified. The master bathroom jacuzzi was filled with water and the motor would not turn on for the jets. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 13 - Recessed light canisters are dropping. Electric outlet plate missing in wine cellar. Investigator’s Observation: Verified. I observed the can lights above the master bedroom bed and they were not flush with the ceiling. I observed an outlet on the ceiling in the wine cellar and the cover was not installed. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - Floating shelves have seams, hammer marks, cracks, paint drips, missing paint. Investigator’s Observation: Verified. I observed excessive caulking around all the seams. I observed nail holes not filled and finished. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Large cut outs made under master bath vanities for plumbing. Investigator’s Observation: Verified. I observed large rough cut squares in the back panel of both master bath vanities for the plumbing. For this application, holes should be cut with the escutcheons as finishing’s. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - Attic access doors need paint. Investigator’s Observation: Verified. I observed the attic access points in the ceiling and they had several marks on them and one had a gap. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 19 - Missing tile at front door threshold. Not grouted properly. Investigator’s Observation: Verified. I observed the lower left and right sides of the outside tile threshold and there are square spots from old material. I observed where tile meets the front porch stone and there is sloppy sealant/caulk along the whole joint. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 1 - Contract specified 1 1/2” bull nose edge on all granite, most is 5/8”. Investigator’s Observation: Unverified. I observed the master bathroom granite where the vanity tops had 1 1/2" edges and the tub had 3/4". There is no specification in the contract as to the thickness for the tub. In response to this complaint item: There is not sufficient evidence to find that the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 3 - Seams across the front of tub uneven in width, veins do not match. Investigator’s Observation: Unverified. The seams and veins appeared consistent throughout. Governing Rule: N/A
Compliance Item: 5 - Shower tile is not the agreed upon plan. Tile with ridges was supposed to be used along the walls. Investigator’s Observation: Unverified. This item refers to the wall tile in the master shower. I observed 12"x 24" tile installed on the walls and mosaic on the pan. Both of these tiles are listed in the signed contract. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 8 - Master bath chandelier had melted bag on it from construction. Investigator’s Observation: Unverified. The complainant had replaced the bulbs prior to this inspection. Governing Rule: N/A
Compliance Item: 9 - Cabinets hit jacuzzi side edge when opening. Knobs on medicine cabinets hit mirror. Should have been press to open. Investigator’s Observation: Unverified. I observed the cabinet doors and medicine cabinet and they functioned properly with rubber stops on them.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 There is no detail in the contract as to how the doors were to operate. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 14 - Shutters were all supposed to be painted white to match the walls. Investigator’s Observation: Unverified. I observed beige shutters throughout the home and white walls. I am unable to verify in a contract that the shutters were to be painted. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A
Compliance Item: 18 - Almost all plug covers have gaps at the drywall. Tape seam crack issue in game room bathroom. Investigator’s Observation: Unverified. The respondent did not install the outlets and did not perform any drywall work in the game room bathroom. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 CC: Respondent Complainant Complainant Attorney
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant Attorney: Frederick E. Davidson Esq. 8700 E Pinnacle Peak Rd Ste 221 Scottsdale, AZ 85255
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 Respondent: Restoration Services Ltd DBA: 3744 E Joan De Arc Ave Phoenix, AZ 85032
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 May 7, 2024
Compliance Jobsite Inspection Notice Re: Complaint No. 2024-01893
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for Thursday, May 9, 2024 at 11:30 AM to determine the current status of the items listed on the issued Directive.
The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.
Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.
Sincerely,
Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Respondent Complainant Complainant Attorney
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 Complainant Attorney: Frederick E. Davidson Esq. 8700 E Pinnacle Peak Rd Ste 221 Scottsdale, AZ 85255
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 Complaint #2024-01893 P 1 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 2 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 3 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 4 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 5 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 6 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 7 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 8 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 9 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 10 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 11 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 12 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 13 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 14 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 15 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 16 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 17 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 18 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 19 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 20 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 21 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 22 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 23 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 24 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 25 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 26 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 27 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 28 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 29 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 30 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 31 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 32 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 33 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 34 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 35 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 36 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 37 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 38 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 39 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 40 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 41 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 42 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 43 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 44 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 45 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 46 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 47 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 48 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 49 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 50 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 51 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 52 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 53 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 54 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 55 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 56 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 57 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 58 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 59 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 60 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 61 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 62 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 63 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 64 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 65 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 66 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 67 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 68 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 69 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 70 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 71 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 72 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 73 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 74 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 75 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 76 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 77 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 78 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 79 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 80 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complainant: Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Restoration Services Ltd DBA: 3744 E Joan De Arc Ave Phoenix, AZ 85032
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-01893 Investigator: Doug Barrett Inspection Date: Thursday, May 9, 2024 Inspection Time: 11:30 AM
Compliance Jobsite General Notes: Both the complainant and respondent were present for the inspection. Out of the 12 items that were directed to be corrected, 5 of them still have outstanding corrections. The complainant pointed out several other issues that were not a part of the written directive and were not addressed during this inspection.
Compliance Findings:
Compliance Item: 2 - Both side walls of master tub are dull and rough. Right corner appears "rough cut". Investigator’s Observation: Verified. I observed both sides of the master tub and the front of the tub and they were dull and did not match the texture and appearance of the surrounding stone. The right corner appeared to have grinder marks with an uneven surface. Contractor should correct by appropriate means. 5-09-2024: The right corner or the tub still had grinder/polish marks and has not been corrected. In addition, the bottom right corner under the right vanity is missing grout and sealant to the kick panel. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - Chips in corners. Chip in porcelain tub. Seam separating with holes. Investigator’s Observation: Verified. I observed a chip in the stone at the back right corner of the master tub surround. I observed a rough cut in the stone where it meets the right vanity. I observed a gap at the right end of the tub step. There is missing grout/caulking at the left vanity top meeting the tub surround. There is missing grout/caulking around all vanity backsplashes. There is missing grout/caulking at the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 lower right front of the tub. There is a chip in the tub at the left side. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 6 - Grout separating at wall in master bath water closet. Investigator’s Observation: Verified. I observed cracking grout/caulking along the base in the master water closet. I observed paint missing from the base at the water valve for the toilet. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 7 - Grout adjacent to fireplace in family room is missing. Investigator’s Observation: Verified. I observed the right side of the hearth at the family room fireplace and there was missing grout. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 10 - Knobs on master bathroom cabinets are misaligned. Left vanity has damaged cabinet. Investigator’s Observation: Verified. I observed the knobs on the linen cabinets and they were not aligned. I observed the left linen cabinet doors rubbing on each other as they are opened. I observed the left vanity and the right drawer and door had damage. I observed no bases installed in both linen cabinets. I observed four missing hinges for the linen cabinet doors. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected but the newly installed drawer front on the left vanity has damage. Governing Rule: Violation of any rule adopted by the Registrar; Namely
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Vanity light over the right sink in master bathroom is crooked/loose. Investigator’s Observation: Verified. I observed the right vanity light fixture in the master bathroom and it was loose. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 12 - Master bathroom jacuzzi does not work. Investigator’s Observation: Verified. The master bathroom jacuzzi was filled with water and the motor would not turn on for the jets. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 13 - Recessed light canisters are dropping. Electric outlet plate missing in wine cellar. Investigator’s Observation: Verified. I observed the can lights above the master bedroom bed and they were not flush with the ceiling. I observed an outlet on the ceiling in the wine cellar and the cover was not installed. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 15 - Floating shelves have seams, hammer marks, cracks, paint drips, missing paint. Investigator’s Observation: Verified. I observed excessive caulking around all the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 seams. I observed nail holes not filled and finished. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected but the correction left smear marks on the face of the shelves from filling the nail holes. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Large cut outs made under master bath vanities for plumbing. Investigator’s Observation: Verified. I observed large rough cut squares in the back panel of both master bath vanities for the plumbing. For this application, holes should be cut with the escutcheons as finishings. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected but the escutcheon at the left vanity is missing a screw. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - Attic access door need paint. Investigator’s Observation: Verified. I observed the attic access points in the ceiling and they had several marks on them and one had a gap. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. The garage access pointed out by the complainant was not a part of the contract and is original. Governing Rule: N/A
Compliance Item: 19 - Missing tile at front door threshold. Not grouted properly. Investigator’s Observation: Verified. I observed the lower left and right sides of the outside tile threshold and there are square spots from old material. I observed where tile
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 meets the front porch stone and there is sloppy sealant/caulk along the whole joint. Contractor should correct by appropriate means. 5-09-2024: The square spots have not been corrected and there is smeared sealant on the concrete and stucco. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Respondent Complainant Complainant Attorney
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant Attorney: Frederick E. Davidson Esq. 8700 E Pinnacle Peak Rd Ste 221 Scottsdale, AZ 85255
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Rebecca Romanucci, Case No. 2024-01893 COMPLAINANT, v. Restoration Services Ltd CITATION License No. ROC 058947, RESPONDENT.
The Registrar issues this Citation to Restoration Services Ltd (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 28, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On February 15, 2024, Rebecca Romanucci (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within
a reasonable period of time after receiving a written directive from the
Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.
If the matter proceeds to a hearing and the administrative law judge determines that any
of the charges listed above are supported by a preponderance of the evidence, then
Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be
subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E)
and (F).
FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-01893. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than May 28, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated May 13, 2024.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 13, 2024 to: Respondent Certified Mail No: [number redacted] Restoration Services Ltd 3744 E Joan De Arc Ave Phoenix, AZ 85032
Copy mailed by USPS First Class mail this same date to: Respondent Restoration Services Ltd 3744 E Joan De Arc Ave Phoenix, AZ 85032-6246 Complainant Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259 Complainant’s Attorney Frederick E. Davidson Esq. 8700 E Pinnacle Peak Rd Ste 221 Scottsdale, AZ 85255 Copy sent electronically this same date to:
Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar Case No. 2024-01893
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 2/21/24, 10 34 AM State of Arizona Mail Case #2024 01893
Doug Barrett <[email redacted]>
Case #2024-01893 Rebecca Romanucci <[email redacted]> Tue, Feb 20, 2024 at 12:46 PM To: Doug Barrett <[email redacted]>
Hi Mr. Barrett,
I have hired a plumber to repair and complete some of the work that Chuck Nechtman with Restoration Services and his hired subcontractor, attempted multiple times and broke faucets, installed wrong faucets and Chuck told me ‘hire your own plumber’. I had to hire multiple appliance people to repair some of the appliances that are broken because Chuck did not cover hvac intake vents, and ran the AC full blast throughout the work. I have had to hire deep cleaning of the house, multiple times, for this same reason. I didn’t hire another contractor yet, but believe I may need to soon, to complete the work Chuck didn’t do, and didn’t do correctly.
The biggest workmanship issue is the granite. My insurance company, Amica, specified luxury level, replacement of the granite that was around my master bath vanities, jacuzzi tub and shelf in the water closet. Amica specified 1 1/2 “ bullnose edges on all granite. The only proposal I signed with the granite company, also specified 1 1/2” bullnose on all granite. They also specified ‘seamless’.
The granite is 1 1/2” around the two vanity sinks and only a little more than 1/2” around the jacuzzi tub. The contractor scheduled a ‘mandatory meeting’ for me, the granite subcontractor, the fabricator and Chuck, the contractor to attend. I arrived at the meeting, and was told that Chuck was on a golfing trip and the tile/granite and fabricator had just left. I called the granite /fabricator people and they refused to come back to the house. I called Chuck and he said that he had not planned on being at the mandatory meeting. Chuck spoke with his subs and called me back and told me that they ‘got everything that they needed, all measurements and designs, and that everything is great. I spoke with the tile/granite sub and was told by him that he didn’t even know why Chuck wanted me to be there. Apparently they ‘changed the design to only be approx 1/2” around d the jacuzzi tub, and that the contractor, Chuck, signed off on it. I NEVER saw or was made aware of any such change in design. My porcelain jacuzzi tub was chipped during their installation of this granite, there are ?50? Seams that are separating, and cracks and chips, and it looks so ridiculous, 1 1/2” around the sinks, and between the sinks only 1/2”… I have begged Chuck to work with me on how to resolve this, add bullnose, remove the center and reinstall the 1 1/2” correct edge, do something about all of the seams and cracks… he has NEVER come up with a single suggestion, refuses to discuss any offer to mediate this, and insists that it is not a workmanship issue, but it is my issue with liking the design, so I should get over it. I have never fired him, I have never told him to not come to the house, repair or complete any of the work that is still incomplete, for example, the cabinets are still not installed. There are multiple areas that have not been painted, etc.
Chuck has overpaid himself by $47,634.04, and demands I pay him an additional $46,771.72 immediately or else… he will convert the lien he holds against my home to a mechanical lien, and he is deliberately NOT paying the tile/granite subcontractor, so that there are now two liens against my home.
He has paid himself $381,402.27, and his lien is only for $350,000. I have demanded that he release the lien, and that he pay his subcontractor and release that lien as well. He refuses.
Chuck has an accounting sheet where he adds up all of the tasks he completed, includes tax/ph/p… and names it ‘subtotal’, then he goes to the sheets provided by my insurance, and adds all of that tax/oh/p, (as if it is the tax/oh/p for the work he completed, which I am not an expert, but I believe this is tax and insurance fraud. Some items he double charges, both me and the insurance company… I was forced to give a $5,000 deposit for the granite, why? Amica already provided for the entire cost of the granite and labor… why did he demand I pay him more? And now, there is no trace of that $5,000….(I have a copy of the check) He is also demanding that I PAY him for the far lien he took out against me.
In my calculations, chuck should have only been paid $333,767.92, but has paid himself $38-,402.27, and demands another $46,771.72 or else… and these numbers include $83,059.23 in his claims to tax-oh/p on all work that he has not done. And will not be doing, and had no ‘claim’ to take.
1. Granite, subpar fabrication, installation, many chips, cracks, discrepancies, horrific seams all over, and poor workmanship with variations in width of edges. 2. Cabinet medicine cabinets, not installed https //mail google com/mail/u/0/?ik 7a0dd92bff&view pt&search all&permmsgid msg f [number redacted]&simpl msg f [number redacted] 1/2 2/21/24, 10 34 AM State of Arizona Mail Case #2024 01893 3. Multiple areas of painting, specifically all shutters, places on shelves, drywall, walls 4. He did not properly prep for the cement trucks, etc.. multiple exterior lights were crushed. He claims he will pay us $600, for these lights, but as of this date, has not. 5. Charging me for his dad lien 6. Charging me for his fed ex bills, when they are already included by insurance co, as part of running a contractor business, in overhead 7. Double charging for multiple plumbing tasks, charging me 8 x what Amica has already provided for certain tasks, and then threatening me to pay it, or else, he will convert liens and charge me 25% interest and fees, etc. 8. Same for electrical charges,
We are desperate for assistance with rectifying this.
Thank you, Rebecca
Rebecca Romanucci Founder, CEO, DynoSafe Mobile: 940.595.5229 Email: [email redacted] Website: DynoSafe.com
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On Feb 20, 2024, at 12:08 PM, Doug Barrett <[email redacted]> wrote:
[Quoted text hidden]
https //mail google com/mail/u/0/?ik 7a0dd92bff&view pt&search all&permmsgid msg f [number redacted]&simpl msg f [number redacted] 2/2 List of Items that my husband and I believe to be subpar workmanship.
Romanucci / Chuck Nechtman, Restoration Services
Quartz Agreed upon plan was for all quartz to be 1 ½” edge treatment – high grade and along the same continuous wall, the edges around the vanities is 1 ½”, and surrounding the jacuzzi is only ¾ “. Very noticeable, distracting, cheap looking Both large side walls of jacuzzi tub are obviously installed bottom up, with no polish finish, rough texture, no shine, dull and distractingly, not matching the top surfaces Right corner of the quartz surrounding the jacuzzi tub appears to be ‘rough cut’, perhaps it was cut while it was in my front yard. It appears that they made grotesque attempt to ‘polish and correct this’ while at the house. Multiple waves/gouges on this same corner, as it appears they tried to hide/correct their error after installing it Multiple seams across the front of the jacuzzi tub, grossly uneven in width, some are installed bottom up, like the side walls, are rough and without polish or shine and some are polished. It appears that they made an attempt to have the pattern in the quartz go in a similar way, by installing some bottom side up Seams separating and gaping holes Chips in corners Chip in porcelain tub from the quartz installation or from the remove/reinstall of the tub itself, by the plumber Scratches in quartz in multiple places Joint width is excessive Joint caulking exceeds 1/8” in some locations Warped or bowed Vein trend is not flowing in the same direction Pinholes Stains Inconsistent polishing
Tile/grout/baseboards Shower tile is not the agreed upon plan, a chosen tile with ‘ridges’ was supposed to be installed along the walls, instead they used the floor tile on the shower walls Tile grout separating at wall I master bathroom water closet Some of the rubber baseboards are of varying widths and appear to be bowing Tile grout adjacent to fireplace in family room is gaping/missing
Cabinets Cabinets hit jacuzzi side edge when opening (my prior cabinets did not do this) Knobs on medicine cabinets strike hard onto the glass mirrors and will break the mirrors. These cabinets should have been the type that press to open, and not use knobs at all All of the cabinets in the master bathroom should have been the type with press to open hinges, and not have knobs at all. The contractor should have recognized this when he measured and reviewed the designs Knobs of long cabinets along the shower wall, strike the wall hard when they are opened The Knobs on the right side of the long cabinets are installed incorrectly/misaligned Left top drawer of vanity does not stay open like all of the others, closes on its own making it difficult to use
Electric
Electrician did not install the vanity light over the right-side sink in master bathroom and it is crooked / loose Electrician did not remove/reinstall alarm boxes/panels, thermostat control panels, ceiling fans, smoke and other ceiling detectors Recessed lighting cannisters are dropping Electric outlet plate is missing in wine cellar ceiling
Paint
Shutters were all supposed to be painted white to match the walls Newly constructed and installed floating shelf area in master bedroom have seams, hammer marks, cracks, paint drips, missing paint Powder bath inside with door closed, to the right of the hinges is not painted/prepped or treated properly Attic access doors need paint Almost all plug outlet covers have gaps where there is a gap between where the drywall ends and the plate begins, may need drywall and paint Tape seam crack or drywall issue in game room bathroom
HVAC
Did not seal the intake vents and ran the AC full blast for months during concreate demo, tile cutting, cement pouring, etc. I had to pay an exorbitant amount of money to have the system cleaned, and now the vent in the master bedroom is very loud and AC units likely compromised Destroyed much of our HHG, carpets, ac units, appliances – dishwashers, disposal, refrigerators, ceiling fans, etc. The intake / filter ? area at the bottom of the dishwashers and refrigerator were pulled away bowed, bent and I had to hire an appliance person to clean and repair all appliances
Lack of Prep Work
Insurance provided allowance for appliances, vanity sinks, faucets, toilets, tubs, ceiling fans, chandeliers, shelving to be stored in a climate-controlled environment. Chandeliers were stored in our non-climate controlled hot and dusty garage, one was slid around the house, room to room, while the concrete demo and all work was being completed. Sinks, faucets, jacuzzi tub, shelving, solid nickel towel hooks, toilet paper holders, medicine cabinet interiors, etc. were left on our back porch, exposed to the elements, sun exposure, rain, cold, wind, dirt, animals, bugs, etc. Disorganization, lack of preparation, professionalism and care to store our items properly, like our insurance provided for, caused the loss and breaking of many items. Lost solid brushed nickel towel hook back piece, which aren’t made any more and match all others in the entire house, toilet Kholer toilet paper holders. Instead of storing appliances in a climate-controlled storage unit, many things were broken and damaged as they slid them around room to room while they demoed cement, poured cement, etc. Washing machine is missing the start button, and we had to have the washing machine and two dishwashers, garbage disposal, all professionally cleaned to remove all of the gravel and debris. Lack of supervision, prep and follow up with his chosen sub-contractors caused the breaking of 2 master bath faucets, chip in porcelain jacuzzi tub, broken flange when the toilet was removed/reinstalled in powder bathroom, running over of exterior landscape lights, irrigation, foliage, paver-stones. Lack of supervision and planning created multiple additional expenses to me regarding cleaning of drapes, carpets, piano, furniture, etc. because he told me to get the house cleaned multiple times, only to have his timing be to create more dust and debris with scheduling work after these cleanings, saw cutting, polishing quartz, cleaning HVAC, installation of quartz, etc. Use of equipment on our front porch left shards of tile, quartz, nails, screws, cigarette butts, spreading of filler rocks, depressions in landscape, killing of foliage, front and back porches are stained and scratched Complaint #2024-01893 P 1 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 2 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 3 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 4 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 5 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Rough surface on both sides of the master tub. Complaint #2024-01893 P 6 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Grinder blemishes and uneven surface on both sides of master tub. Complaint #2024-01893 P 7 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 8 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 9 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Chip in surface at back right corner of master tub. Complaint #2024-01893 P 10 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Poor/misaligned cut at right vanity to tub transition. Complaint #2024-01893 P 11 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Poor cut and missing grout/caulk at right side of master tub step. Complaint #2024-01893 P 12 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing grout/caulk at left vanity. Complaint #2024-01893 P 13 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing grout/caulk around all master bath backsplash. Complaint #2024-01893 P 14 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 15 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing grout/caulk at front face of master tub. Complaint #2024-01893 P 16 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Chip in master tub, left side. Complaint #2024-01893 P 18 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 19 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 20 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 21 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 22 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 23 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 24 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 25 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 26 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing grout/caulk at right side of fireplace. Complaint #2024-01893 P 27 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 28 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 29 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Left linen cabinet doors rub in master bath. Complaint #2024-01893 P 30 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 31 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Knobs at both linen cabinets in master bath are not level. Complaint #2024-01893 P 32 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Cut/damaged right drawer and door in the left master bath vanity Complaint #2024-01893 P 33 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Right master bath vanity light fixture is loose. Complaint #2024-01893 P 34 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 35 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 36 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 37 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Can lights not flush above master bed. Complaint #2024-01893 P 38 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 39 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Master bath tub jets/motor does not function. Complaint #2024-01893 P 40 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing bottom shelf in both master bath linen cabinets. Complaint #2024-01893 P 41 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Back skin in master bath vanities. Complaint #2024-01893 P 42 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 43 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing hinges in master bath linen cabinets, four. Complaint #2024-01893 P 44 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Missing outlet cover in wine fridge ceiling. Complaint #2024-01893 P 45 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Excess caulking not cleaned off floating shelves in master bedroom. Complaint #2024-01893 P 46 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 47 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Nail holes not filled in master bedroom floating shelves. Complaint #2024-01893 P 48 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 49 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 50 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 51 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 52 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 53 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 54 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Unfinished corners at front door. Complaint #2024-01893 P 55 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 56 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Sloppy caulk/adhesive at front door. Complaint #2024-01893 P 57 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 58 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 59 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 60 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Dips in paver driveway, right side. Complaint #2024-01893 P 61 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Dips in paver driveway left side. Complaint #2024-01893 P 62 JSI date 03/26/2024 at 10:00AM JSI PHOTOS Complaint #2024-01893 P 63 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Master tub. Complaint #2024-01893 P 64 JSI date 03/26/2024 at 10:00AM JSI PHOTOS
Master tub. Jobsite Inspection Notes
Case No.: 2024-01893 Investigator: Doug Barrett Inspection Date: Tuesday, March 26, 2024 Inspection Time: 10:00 AM
Complainant: Rebecca Romanucci Respondent: Restoration Services Not Present: Ltd Not Present:
Jobsite General Notes: Both parties were present, including the Complainant’s attorney, Frederick E. Davidson, and Chuck Nechtman from the Respondent. I discussed expectations versus minimum workmanship standards with the parties, including the fact that construction inherently by nature is not perfect.
Compliance Item: 2 - Both side walls of master tub are dull and rough. Right corner appears "rough cut". Investigator’s Observation: Verified. I observed both sides of the master tub and the front of the tub and they were dull and did not match the texture and appearance of the surrounding stone. The right corner appeared to have grinder marks with an uneven surface. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - Chips in corners. Chip in porcelain tub. Seam separating with holes. Investigator’s Observation: Verified. I observed a chip in the stone at the back right corner of the master tub surround. I observed a rough cut in 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
the stone where it meets the right vanity. I observed a gap at the right end of the tub step. There is missing grout/caulking at the left vanity top meeting the tub surround. There is missing grout/caulking around all vanity backsplashes. There is missing grout/caulking at the lower right front of the tub. There is a chip in the tub at the left side. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 6 - Grout separating at wall in master bath water closet. Investigator’s Observation: Verified. I observed cracking grout/caulking along the base in the master water closet. I observed paint missing from the base at the water valve for the toilet. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 7 - Grout adjacent to fireplace in family room is missing. Investigator’s Observation: Verified. I observed the right side of the hearth at the family room fireplace and there was missing grout. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 10 - Knobs on master bathroom cabinets are misaligned. Left vanity has damaged cabinet. Investigator’s Observation: Verified. I observed the knobs on the linen cabinets and they were not aligned. I observed the left linen cabinet doors rubbing on each other as they are opened. I observed the left vanity and the right drawer and door had damage. I observed no bases installed in both linen
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
cabinets. I observed four missing hinges for the linen cabinet doors. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Vanity light over the right sink in master bathroom is crooked/loose. Investigator’s Observation: Verified. I observed the right vanity light fixture in the master bathroom and it was loose. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 12 - Master bathroom jacuzzi does not work. Investigator’s Observation: Verified. The master bathroom jacuzzi was filled with water and the motor would not turn on for the jets. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 13 - Recessed light canisters are dropping. Electric outlet plate missing in wine cellar. Investigator’s Observation: Verified. I observed the can lights above the master bedroom bed and they were not flush with the ceiling. I observed an outlet on the ceiling in the wine cellar and the cover was not installed. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 15 - Floating shelves have seams, hammer marks, cracks, paint drips, missing paint. Investigator’s Observation: Verified. I observed excessive caulking around all the seams. I observed nail holes not filled and finished. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Large cut outs made under master bath vanities for plumbing. Investigator’s Observation: Verified. I observed large rough cut squares in the back panel of both master bath vanities for the plumbing. For this application, holes should be cut with the escutcheons as finishing’s. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - Attic access doors need paint. Investigator’s Observation: Verified. I observed the attic access points in the ceiling and they had several marks on them and one had a gap. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 19 - Missing tile at front door threshold. Not grouted properly. Investigator’s Observation: Verified. I observed the lower left and right sides of the outside tile threshold and there are square spots from old material. I observed where tile meets the front porch stone and there is sloppy
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
sealant/caulk along the whole joint. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION:
Compliance Item: 1 - Contract specified 1 1/2” bill nose edge on all granite, most is 5/8”. Investigator’s Observation: Unverified. I observed the master bathroom granite where the vanity tops had 1 1/2" edges and the tub had 3/4". There is no specification in the contract as to the thickness for the tub. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 3 - Seams across the front of tub uneven in width, veins do not match. Investigator’s Observation: Unverified. The seams and veins appeared consistent throughout. Governing Rule: N/A
Compliance Item: 5 - Shower tile is not the agreed upon plan. Tile with ridges was supposed to be used along the walls. Investigator’s Observation: Unverified. This item refers to the wall tile in the master shower. I observed 12"x 24" tile installed on the walls and mosaic on the pan. Both of these tiles are listed in the signed contract. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 8 - Master bath chandelier had melted bag on it from construction. Investigator’s Observation: Unverified. The complainant had replaced the bulbs prior to this inspection. Governing Rule: N/A
Compliance Item: 9 - Cabinets hit jacuzzi side edge when opening. Knobs on medicine cabinets hit mirror. Should have been press to open. Investigator’s Observation: Unverified. I observed the cabinet doors and medicine cabinet and they functioned properly with rubber stops on them. There is no detail in the contract as to how the doors were to operate. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 14 - Shutters were all supposed to be painted white to match the walls. Investigator’s Observation: Unverified. I observed beige shutters throughout the home and white walls. I am unable to verify in a contract that the shutters were to be painted. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A
Compliance Item: 18 - Almost all plug covers have gaps at the drywall. Tape seam crack issue in game room bathroom. Investigator’s Observation: Unverified. The respondent did not install the outlets and did not perform any drywall work in the game room bathroom. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Complainant: Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Restoration Services Ltd DBA: 3744 E Joan De Arc Ave Phoenix, AZ 85032
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 March 29, 2024
License No. ROC 058947
Re:Complaint No. 2024-01893
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, April 19, 2024.
RESTRICTIONS You may not perform or hire other contractors to perform work that is outside the scope of your license. If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item: 2 - Both side walls of master tub are dull and rough. Right corner appears "rough cut". Investigator’s Observation: Verified. I observed both sides of the master tub and the front of the tub and they were dull and did not match the texture and appearance of the surrounding stone. The right corner appeared to have grinder marks with an uneven surface. Contractor should correct by appropriate means.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - Chips in corners. Chip in porcelain tub. Seam separating with holes. Investigator’s Observation: Verified. I observed a chip in the stone at the back right corner of the master tub surround. I observed a rough cut in the stone where it meets the right vanity. I observed a gap at the right end of the tub step. There is missing grout/caulking at the left vanity top meeting the tub surround. There is missing grout/caulking around all vanity backsplashes. There is missing grout/caulking at the lower right front of the tub. There is a chip in the tub at the left side. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 6 - Grout separating at wall in master bath water closet. Investigator’s Observation: Verified. I observed cracking grout/caulking along the base in the master water closet. I observed paint missing from the base at the water valve for the toilet. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 7 - Grout adjacent to fireplace in family room is missing. Investigator’s Observation: Verified. I observed the right side of the hearth at the family room fireplace and there was missing grout. Contractor should correct by appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 10 - Knobs on master bathroom cabinets are misaligned. Left vanity has damaged cabinet. Investigator’s Observation: Verified. I observed the knobs on the linen cabinets and they were not aligned. I observed the left linen cabinet doors rubbing on each other as they are opened. I observed the left vanity and the right drawer and door had damage. I observed no bases installed in both linen cabinets. I observed four missing hinges for the linen cabinet doors. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Vanity light over the right sink in master bathroom is crooked/loose. Investigator’s Observation: Verified. I observed the right vanity light fixture in the master bathroom and it was loose. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 12 - Master bathroom jacuzzi does not work. Investigator’s Observation: Verified. The master bathroom jacuzzi was filled with water and the motor would not turn on for the jets. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 13 - Recessed light canisters are dropping. Electric outlet plate missing in wine cellar. Investigator’s Observation: Verified. I observed the can lights above the master bedroom bed and they were not flush with the ceiling. I observed an outlet on the ceiling in the wine cellar and the cover was not installed. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - Floating shelves have seams, hammer marks, cracks, paint drips, missing paint. Investigator’s Observation: Verified. I observed excessive caulking around all the seams. I observed nail holes not filled and finished. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Large cut outs made under master bath vanities for plumbing. Investigator’s Observation: Verified. I observed large rough cut squares in the back panel of both master bath vanities for the plumbing. For this application, holes should be cut with the escutcheons as finishing’s. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - Attic access doors need paint. Investigator’s Observation: Verified. I observed the attic access points in the ceiling and they had several marks on them and one had a gap. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 19 - Missing tile at front door threshold. Not grouted properly. Investigator’s Observation: Verified. I observed the lower left and right sides of the outside tile threshold and there are square spots from old material. I observed where tile meets the front porch stone and there is sloppy sealant/caulk along the whole joint. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 1 - Contract specified 1 1/2” bull nose edge on all granite, most is 5/8”. Investigator’s Observation: Unverified. I observed the master bathroom granite where the vanity tops had 1 1/2" edges and the tub had 3/4". There is no specification in the contract as to the thickness for the tub. In response to this complaint item: There is not sufficient evidence to find that the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 3 - Seams across the front of tub uneven in width, veins do not match. Investigator’s Observation: Unverified. The seams and veins appeared consistent throughout. Governing Rule: N/A
Compliance Item: 5 - Shower tile is not the agreed upon plan. Tile with ridges was supposed to be used along the walls. Investigator’s Observation: Unverified. This item refers to the wall tile in the master shower. I observed 12"x 24" tile installed on the walls and mosaic on the pan. Both of these tiles are listed in the signed contract. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 8 - Master bath chandelier had melted bag on it from construction. Investigator’s Observation: Unverified. The complainant had replaced the bulbs prior to this inspection. Governing Rule: N/A
Compliance Item: 9 - Cabinets hit jacuzzi side edge when opening. Knobs on medicine cabinets hit mirror. Should have been press to open. Investigator’s Observation: Unverified. I observed the cabinet doors and medicine cabinet and they functioned properly with rubber stops on them.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 There is no detail in the contract as to how the doors were to operate. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 14 - Shutters were all supposed to be painted white to match the walls. Investigator’s Observation: Unverified. I observed beige shutters throughout the home and white walls. I am unable to verify in a contract that the shutters were to be painted. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A
Compliance Item: 18 - Almost all plug covers have gaps at the drywall. Tape seam crack issue in game room bathroom. Investigator’s Observation: Unverified. The respondent did not install the outlets and did not perform any drywall work in the game room bathroom. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 CC: Respondent Complainant Complainant Attorney
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant Attorney: Frederick E. Davidson Esq. 8700 E Pinnacle Peak Rd Ste 221 Scottsdale, AZ 85255
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Restoration Services Ltd DBA: 3744 E Joan De Arc Ave Phoenix, AZ 85032
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 19, 2024
License No. ROC 058947
Re:Complaint No. 2024-01893
AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Monday, May 6, 2024.
RESTRICTIONS You may not perform or hire other contractors to perform work that is outside the scope of your license. If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item: 2 - Both side walls of master tub are dull and rough. Right corner appears "rough cut". Investigator’s Observation: Verified. I observed both sides of the master tub and the front of the tub and they were dull and did not match the texture and appearance of the surrounding stone. The right corner appeared to have grinder marks with an uneven surface. Contractor should correct by appropriate means.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - Chips in corners. Chip in porcelain tub. Seam separating with holes. Investigator’s Observation: Verified. I observed a chip in the stone at the back right corner of the master tub surround. I observed a rough cut in the stone where it meets the right vanity. I observed a gap at the right end of the tub step. There is missing grout/caulking at the left vanity top meeting the tub surround. There is missing grout/caulking around all vanity backsplashes. There is missing grout/caulking at the lower right front of the tub. There is a chip in the tub at the left side. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 6 - Grout separating at wall in master bath water closet. Investigator’s Observation: Verified. I observed cracking grout/caulking along the base in the master water closet. I observed paint missing from the base at the water valve for the toilet. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 7 - Grout adjacent to fireplace in family room is missing. Investigator’s Observation: Verified. I observed the right side of the hearth at the family room fireplace and there was missing grout. Contractor should correct by appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 10 - Knobs on master bathroom cabinets are misaligned. Left vanity has damaged cabinet. Investigator’s Observation: Verified. I observed the knobs on the linen cabinets and they were not aligned. I observed the left linen cabinet doors rubbing on each other as they are opened. I observed the left vanity and the right drawer and door had damage. I observed no bases installed in both linen cabinets. I observed four missing hinges for the linen cabinet doors. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Vanity light over the right sink in master bathroom is crooked/loose. Investigator’s Observation: Verified. I observed the right vanity light fixture in the master bathroom and it was loose. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 12 - Master bathroom jacuzzi does not work. Investigator’s Observation: Verified. The master bathroom jacuzzi was filled with water and the motor would not turn on for the jets. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 13 - Recessed light canisters are dropping. Electric outlet plate missing in wine cellar. Investigator’s Observation: Verified. I observed the can lights above the master bedroom bed and they were not flush with the ceiling. I observed an outlet on the ceiling in the wine cellar and the cover was not installed. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - Floating shelves have seams, hammer marks, cracks, paint drips, missing paint. Investigator’s Observation: Verified. I observed excessive caulking around all the seams. I observed nail holes not filled and finished. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Large cut outs made under master bath vanities for plumbing. Investigator’s Observation: Verified. I observed large rough cut squares in the back panel of both master bath vanities for the plumbing. For this application, holes should be cut with the escutcheons as finishing’s. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - Attic access doors need paint. Investigator’s Observation: Verified. I observed the attic access points in the ceiling and they had several marks on them and one had a gap. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 19 - Missing tile at front door threshold. Not grouted properly. Investigator’s Observation: Verified. I observed the lower left and right sides of the outside tile threshold and there are square spots from old material. I observed where tile meets the front porch stone and there is sloppy sealant/caulk along the whole joint. Contractor should correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 1 - Contract specified 1 1/2” bull nose edge on all granite, most is 5/8”. Investigator’s Observation: Unverified. I observed the master bathroom granite where the vanity tops had 1 1/2" edges and the tub had 3/4". There is no specification in the contract as to the thickness for the tub. In response to this complaint item: There is not sufficient evidence to find that the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 3 - Seams across the front of tub uneven in width, veins do not match. Investigator’s Observation: Unverified. The seams and veins appeared consistent throughout. Governing Rule: N/A
Compliance Item: 5 - Shower tile is not the agreed upon plan. Tile with ridges was supposed to be used along the walls. Investigator’s Observation: Unverified. This item refers to the wall tile in the master shower. I observed 12"x 24" tile installed on the walls and mosaic on the pan. Both of these tiles are listed in the signed contract. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 8 - Master bath chandelier had melted bag on it from construction. Investigator’s Observation: Unverified. The complainant had replaced the bulbs prior to this inspection. Governing Rule: N/A
Compliance Item: 9 - Cabinets hit jacuzzi side edge when opening. Knobs on medicine cabinets hit mirror. Should have been press to open. Investigator’s Observation: Unverified. I observed the cabinet doors and medicine cabinet and they functioned properly with rubber stops on them.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 There is no detail in the contract as to how the doors were to operate. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9- 108. Governing Rule: N/A
Compliance Item: 14 - Shutters were all supposed to be painted white to match the walls. Investigator’s Observation: Unverified. I observed beige shutters throughout the home and white walls. I am unable to verify in a contract that the shutters were to be painted. In response to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A
Compliance Item: 18 - Almost all plug covers have gaps at the drywall. Tape seam crack issue in game room bathroom. Investigator’s Observation: Unverified. The respondent did not install the outlets and did not perform any drywall work in the game room bathroom. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 CC: Respondent Complainant Complainant Attorney
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant Attorney: Frederick E. Davidson Esq. 8700 E Pinnacle Peak Rd Ste 221 Scottsdale, AZ 85255
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint #2024-01893 P 1 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 2 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 3 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 4 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 5 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 6 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 7 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 8 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 9 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 10 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 11 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 12 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 13 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 14 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 15 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 16 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 17 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 18 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 19 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 20 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 21 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 22 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 23 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 24 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 25 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 26 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 27 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 28 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 29 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 30 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 31 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 32 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 33 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 34 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 35 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 36 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 37 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 38 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 39 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 40 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 41 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 42 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 43 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 44 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 45 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 46 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 47 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 48 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 49 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 50 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 51 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 52 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 53 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 54 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 55 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 56 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 57 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 58 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 59 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 60 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 61 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 62 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 63 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 64 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 65 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 66 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 67 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 68 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 69 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 70 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 71 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 72 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 73 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 74 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 75 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 76 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 77 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 78 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 79 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complaint #2024-01893 P 80 CJSI date 05/09/2024 at 11:30AM JSI PHOTOS Complainant: Rebecca Romanucci 13341 East Cochise Road Scottsdale, AZ 85259
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Restoration Services Ltd DBA: 3744 E Joan De Arc Ave Phoenix, AZ 85032
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-01893 Investigator: Doug Barrett Inspection Date: Thursday, May 9, 2024 Inspection Time: 11:30 AM
Compliance Jobsite General Notes: Both the complainant and respondent were present for the inspection. Out of the 12 items that were directed to be corrected, 5 of them still have outstanding corrections. The complainant pointed out several other issues that were not a part of the written directive and were not addressed during this inspection.
Compliance Findings:
Compliance Item: 2 - Both side walls of master tub are dull and rough. Right corner appears "rough cut". Investigator’s Observation: Verified. I observed both sides of the master tub and the front of the tub and they were dull and did not match the texture and appearance of the surrounding stone. The right corner appeared to have grinder marks with an uneven surface. Contractor should correct by appropriate means. 5-09-2024: The right corner or the tub still had grinder/polish marks and has not been corrected. In addition, the bottom right corner under the right vanity is missing grout and sealant to the kick panel. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - Chips in corners. Chip in porcelain tub. Seam separating with holes. Investigator’s Observation: Verified. I observed a chip in the stone at the back right corner of the master tub surround. I observed a rough cut in the stone where it meets the right vanity. I observed a gap at the right end of the tub step. There is missing grout/caulking at the left vanity top meeting the tub surround. There is missing grout/caulking around all vanity backsplashes. There is missing grout/caulking at the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 lower right front of the tub. There is a chip in the tub at the left side. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 6 - Grout separating at wall in master bath water closet. Investigator’s Observation: Verified. I observed cracking grout/caulking along the base in the master water closet. I observed paint missing from the base at the water valve for the toilet. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 7 - Grout adjacent to fireplace in family room is missing. Investigator’s Observation: Verified. I observed the right side of the hearth at the family room fireplace and there was missing grout. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 10 - Knobs on master bathroom cabinets are misaligned. Left vanity has damaged cabinet. Investigator’s Observation: Verified. I observed the knobs on the linen cabinets and they were not aligned. I observed the left linen cabinet doors rubbing on each other as they are opened. I observed the left vanity and the right drawer and door had damage. I observed no bases installed in both linen cabinets. I observed four missing hinges for the linen cabinet doors. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected but the newly installed drawer front on the left vanity has damage. Governing Rule: Violation of any rule adopted by the Registrar; Namely
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - Vanity light over the right sink in master bathroom is crooked/loose. Investigator’s Observation: Verified. I observed the right vanity light fixture in the master bathroom and it was loose. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 12 - Master bathroom jacuzzi does not work. Investigator’s Observation: Verified. The master bathroom jacuzzi was filled with water and the motor would not turn on for the jets. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 13 - Recessed light canisters are dropping. Electric outlet plate missing in wine cellar. Investigator’s Observation: Verified. I observed the can lights above the master bedroom bed and they were not flush with the ceiling. I observed an outlet on the ceiling in the wine cellar and the cover was not installed. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. Governing Rule: N/A
Compliance Item: 15 - Floating shelves have seams, hammer marks, cracks, paint drips, missing paint. Investigator’s Observation: Verified. I observed excessive caulking around all the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 seams. I observed nail holes not filled and finished. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected but the correction left smear marks on the face of the shelves from filling the nail holes. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - Large cut outs made under master bath vanities for plumbing. Investigator’s Observation: Verified. I observed large rough cut squares in the back panel of both master bath vanities for the plumbing. For this application, holes should be cut with the escutcheons as finishings. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected but the escutcheon at the left vanity is missing a screw. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 17 - Attic access door need paint. Investigator’s Observation: Verified. I observed the attic access points in the ceiling and they had several marks on them and one had a gap. Contractor should correct by appropriate means. 5-09-2024: These items have been corrected. The garage access pointed out by the complainant was not a part of the contract and is original. Governing Rule: N/A
Compliance Item: 19 - Missing tile at front door threshold. Not grouted properly. Investigator’s Observation: Verified. I observed the lower left and right sides of the outside tile threshold and there are square spots from old material. I observed where tile
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 meets the front porch stone and there is sloppy sealant/caulk along the whole joint. Contractor should correct by appropriate means. 5-09-2024: The square spots have not been corrected and there is smeared sealant on the concrete and stucco. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Respondent Complainant Complainant Attorney
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant Attorney: Frederick E. Davidson Esq. 8700 E Pinnacle Peak Rd Ste 221 Scottsdale, AZ 85255
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 NO1EO13.ÿ1210ÿ4- 96ÿ)ÿ:96ÿ-69ÿ7ÿ9567896ÿ: 8ÿ564ÿ456 ÿ6ÿ)9ÿP12132N/0ÿ0969ÿ6 ÿ0+669ÿ121372/EF0ÿ-:C QIR6 )Pÿ;95ÿ*8 Received 5/27/2024 012ÿ45678966 8 16 Legal Department
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123ÿ[number redacted]ÿ7923 58729ÿ5 28ÿÿ57629ÿ173 ÿ 5ÿ2ÿ29ÿ82ÿ!"#$#%& ÿ '(ÿ)*1+,-.)+*ÿ+*.)*(ÿ)*ÿ')/ÿ(0-.)ÿ-(//.0(ÿ)/ÿ+*1)(*).ÿ.*ÿ)*(*(ÿ/+(1ÿ1+,ÿ'( 2/(ÿ+1ÿ'(ÿ)*(*(ÿ,())(*3ÿÿ)1ÿ'(ÿ,(.(,ÿ+1ÿ')/ÿ-(//.0(ÿ)/ÿ*+ÿ'(ÿ)*(*(ÿ,())(*ÿ+, '(ÿ(-+1((ÿ+,ÿ.0(*ÿ,(/+*/)4(ÿ1+,ÿ()5(,)*0ÿ)ÿ+ÿ'(ÿ)*(*(ÿ,())(*ÿ1+2ÿ.,( '(,(41ÿ*+)1)(ÿ'.ÿ.*1ÿ)//(-)*.)+*ÿ)/,)42)+*ÿ+1)*0ÿ+,ÿ2*.2'+,)6(ÿ2/(ÿ+1ÿ')/ +--2*).)+*ÿ)/ÿ/,)1ÿ,+')4)(3ÿÿ)1ÿ1+2ÿ'.5(ÿ,(()5(ÿ')/ÿ+--2*).)+*ÿ)*ÿ(,,+, (./(ÿ)--().(1ÿ*+)11ÿ/(*(,ÿ41ÿ(('+*(ÿ.*ÿ,(2,*ÿ'(ÿ(0-.)ÿ-(//.0(ÿ+ÿ'(ÿ/(*(, .ÿ'(ÿ.4+5(ÿ.,(//3ÿÿ'.*7ÿ1+23 ÿ 9:9;ÿ:=9>ÿ?ÿ@ABCADEÿFGHÿIJAKLALÿMNEOENGKPQLF RSTU
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THE DAVIDSON FIRM, PLLC 8700 E. Pinnacle Peak Road, Suite 221 Scottsdale, Arizona 85255 Tel: (480) 585-3100 Fax: (480) 585-8585 Mailing Address: P.O. Box 556 Grand Saline, Texas 75140 Frederick E. Davidson - State Bar No. 013199 [email redacted] Attorneys for Complainant REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
REBECCA ROMANUCCI, ) ) Case No. 2024-01893 Complainant, ) v. ) ) REQUEST FOR ISSUANCE OF RESTORATION SERVICES, LTD., LICENSE ) AMENDED CITATION NO. ROC 058947, ) ) Respondent. ) ) ) Complainant, Rebecca Romanucci, by and through undersigned counsel, request that the Registrar of Contractors issue an Amended Citation to accurately reflect the matters alleged in the Complaint, not rectified by the Respondent, nor even addressed by the Registrar’s “Investigator”, Doug Barrett. The Citation issued on 13 May 2024, solely deals with the Respondent’s (1) failure to perform work in a professional and workmanlike manner; and, (2) failure to take appropriate corrective action following the issuance of a written directive. Complainant is puzzled by the lack of attention paid by the Investigator to serious issues Received 5/28/2024 Legal Department
contained within the original Complaint, which should result in disciplinary action against Respondent’s license. There is, at a minimum, an existing dispute pertaining to the Respondent’s violation of multiple provisions of A.R.S. § 32-1154(A), as more thoroughly addressed in Complainant’s Request for Issuance of Citation, filed with the Investigator on 8 May 20241; to wit, violation of A.R.S. § 32-1154(A)(1, 2, and 4), which are in addition to the
cited violations of A.R.S. § 32-1154(A)(3 and 6), also raised by Complainant. Additionally, Complainant requested that Respondent be cited under A.R.S. § 32-1158, due to the material non-compliance by Respondent of its obligations to ensure that the required elements of any contract were included in its contract. While we recognize that an inspector may lean more toward addressing workmanship issues, the Registrar is vested with the authority and obligation to enforce the Arizona contractor licensing statutes, and ignoring matters which transcend workmanship issues constitutes a disservice to the consumer who is entitled to the protections afforded by enforcement of the licensing statutes.
Respondent was quite surprised that her Request for Issuance of Citation (attached hereto as Exhibit “A”) was not included as exhibit to the Citation, as it expressly addresses the aforementioned violations which were first addressed in the original Complaint. Specifically, as to A.R.S. § 32-1154(A)(1), the Complaint alleged that despite the Respondent’s work being incomplete, and Respondent’s telling the Complainant that she should have someone else
perform the work, the Investigator failed to address the Respondent’s abandonment evidenced 1 Please note that there was a scrivener’s error in the case number referenced on the Request. However, it was directed to Mr. Barrett, and its receipt was confirmed via e-mail from Mr. Barrett, dated 10 May 2024.
Rebecca Romanucci v. Restoration Services, Ltd. - COMPLAINANT’S REQUEST FOR ISSUANCE OF AMENDED CITATION Page 2 of 4 Received 5/28/2024 Legal Department
thereby, and failed to charge Respondent. But for the issuance of a Written Directive, for all intents and purposes, Respondent had abandoned the project and only returned due to the Written Directive, which does not alter the preexisting abandonment violation. Secondly, Complainant expressly alleged that Respondent had overpaid himself in the amount of $131,917.85 by overcharging, double billing Respondent and her insurance company,
and Respondent had claimed a right to all overhead and profit budgeted by the insurer, despite Respondent having not performed the underlying work. Such fraudulent acts justify a citation under A.R.S. § 32-1154(A)(6). Finally, as alleged in the Complaint, Respondent totally failed to provide Complainant with the copy of an executed contract; a contract which woefully failed to comply with the statutory requirements (A.R.S. § 32-1158) and resulted in abuses perpetrated by Respondent during the course of the project vis-a-vis altering the scope of the work, deviating from the insurer’s required standards of completion (“like kind and quality”), the materials used, etc.,
without Complainant’s consent (A.R.S. § 32-1154(A)(2)). Respondent used its “Authorization to Proceed With Repairs” as the “contract”, that tangentially referenced that a “Description of and cost of repairs is pending your insurance companies repair estimate”, however no comprehensive description nor cost estimate was ever provided to Complaint, nor agreed to by Complainant. In essence, Respondent’s “contract” gave Respondent a license to steal and cut corners, which is exactly what Respondent did, underscoring the importance of its compliance with A.R.S. § 32-1158, which did not occur, but which was not cited.
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Based upon the foregoing, it is respectfully requested that the Registrar re-visit this matter and issue an Amended Citation, including therein charges against the Respondent for violation of A.R.S.§ 32-1154(A)(1, 2, and 6), in addition to the charges already asserted; and, to also add a charge for Respondent’s violation of A.R.S. § 32-1158. RESPECTFULLY SUBMITTED this 28th day of May, 2024.
THE DAVIDSON FIRM, PLLC By /s/ Frederick E. Davidson Frederick E. Davidson Attorneys for Complainant The foregoing was filed via e-mail this 28th day of May, 2024 with: Shaquira Adebule Arizona Registrar of Contractors [email redacted] /s/ Frederick E. Davidson
Rebecca Romanucci v. Restoration Services, Ltd. - COMPLAINANT’S REQUEST FOR ISSUANCE OF AMENDED CITATION Page 4 of 4 Received 5/28/2024 Legal Department
EXHIBIT “A” Received 5/28/2024 Legal Department
THE DAVIDSON FIRM, PLLC 8700 E. Pinnacle Peak Road, Suite 221 Scottsdale, Arizona 85255 Tel: (480) 585-3100 Fax: (480) 585-8585 Mailing Address: P.O. Box 556 Grand Saline, Texas 75140 Frederick E. Davidson - State Bar No. 013199 [email redacted] Attorneys for Complainant REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
REBECCA ROMANUCCI, ) ) Case No. 2022-11178 Complainant, ) v. ) ) REQUEST FOR ISSUANCE OF RESTORATION SERVICES, LTD., LICENSE ) CITATION NO. ROC 058947, ) ) Respondent. ) ) ) Complainant, Rebecca Romanucci and her husband are owners of that certain residence located at 13341 East Cochise Road, Scottsdale, Arizona 85259. Following the occurrence of a catastrophic event, on or about 25 December 2022, Complaint retained the services of Respondent to perform such work as required and approved by Complainant’s insurer. To that end, Respondent requested that Complaint sign an “Assignment to Proceed With Repairs” (the “Contract”), which constitutes the primary “contract” by and between Complainant and Respondent for the performance of repair work, which was to conform to the insurer’s scope of Received 5/28/2024 Legal Department
work and cost estimate. Specifically, according to the Contract, the “description of and cost of repairs is pending your insurance companies repair estimate.” At no time either before, concurrent with, or following the execution of the Contract, did Respondent provide Complainant with (I) the estimated date of completion of the work; (ii) a description of the work to be performed under the Contract; (iii) the total dollar amount to be paid to Respondent for all
work to be performed under the Contract; (iv) the dollar amount of any progress payment and the state of construction at which Respondent will be entitled to collect progress payments during the course of construction under the Contract; and, (v) a copy of a legible copy of all documents signed. As a result of the foregoing, Respondent was able to extract, by means of misrepresentation, Complainant’s monies which were not due and payable including, but not limited to, profit and overhead on portions of the work never performed. Pursuant to Complainant’s insurance policy and as agreed upon between Respondent and the insurer, Respondent was covered for the replacement of all damaged portions of the property
using materials of like kind and quality and for like use. However, during the course of the performance of Respondent’s work, material deviations from the “like kind and quality” standard were undertaken by Respondent without the consent, written or otherwise, of Complainant. And, at no time did Respondent prepare and/or use written change orders to reflect changes. THE WRITTEN COMPLAINT On or about 21 February 2024, Complainant, Rebecca Romanucci, filed a Complaint
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against Respondent, Restoration Services, Ltd., which inter alia, alleged that Respondent abandoned the subject project; performed deficient and non-workmanlike work; failed to perform corrective work; fraudulently took Respondent’s monies in excess of what was due and owing, thus precluding Complainant from having required work performed; damaged Complainant’s property; and, failed to provide an appropriate contract.
REGISTRAR’S INSPECTION & WRITTEN DIRECTIVES On 21 February 2024, ROC Inspector, Doug Barrett, issued a Notice of Jobsite Inspection. Thereafter, on 29 March 2024, Mr. Barrett issued a “Written Directive from the Registrar” addressing multiple “compliance items” requiring Respondent’s completion of corrective work by 19 April 2024. Thereafter, after investigation, on 9 April 2024, Mr. Barrett issued an “Amended Written Directive from the Registrar” requiring the performance of additional corrective work by 19 April 2024. On 19 April 2024, Mr. Barrett issued an “Amended Written Directive from the Registrar, granting Respondent additional time, through 6
May 2024, to complete the corrective work. On 7 May 2024, Mr. Barrett issued a Compliance Jobsite Inspection Notice, scheduling a compliance inspection to occur on 9 May 2024. STATUS OF REQUIRED CORRECTIVE WORK Of the items set forth in the Written Directives, following is a description of the status of each item following the expiration of the corrective work completion period:
Compliance Item 2: Issue: Both side walls of master tub are dull and rough and right corner appears “rough cut”.
Status: Not corrected and additional issues caused by
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defective work. Respondent removed portions of tub surround and replaced such portions using materials of different dimensions, constituting an unauthorized design change. Side walls continue to be rough and dull in color, different from the top of the tub surround. Sloppy/thin grout continues to exist. New issues include: unauthorized design change; new 3"x4" quartz patch inserted in the lower right corner of the tub surround side wall which is sloppy and rough.
Compliance Item 4: Issue: Chips in corners of quartz and chip in porcelain tub. Status: Not Corrected and additional issues caused by defective work. There continues to be a chip in the back right corner of the master tub surround; continues to be “rough cut” in the stone where the quartz meets the right vanity; gaps exist at right end of tub step; chip in porcelain tub filled, but not adequately sanded/smoothed out. Additionally, there is now an apparent “glue” substance with a rough texture of approximately 7" over the pre-existing chip. Compliance Item 6: Issue: Grout separating at wall in master bath water closet and paint missing from water valve for toilet. Status: Not corrected. Used wrong color grout; grout job poorly completed, missing significant amount of grout. Poor painting job - lumpy, not sanded prior to painting, use of too much paint. Compliance Item 7: Issue: Grout adjacent to fireplace in family room is missing. Status: Corrected. Compliance Item 10: Issue: Knobs on master bathroom cabinets are misaligned, Left vanity has damaged cabinet and drawer facing, left long linen closet doors rub each other, no bases inside long linen cabinets, missing 4 hinges in all long linen cabinets. Status: Not corrected. Knobs remain misaligned. Adjustment of long linen cabinets incomplete. Additionally,
Rebecca Romanucci v. Restoration Services, Ltd. - COMPLAINANT’S REQUEST FOR ISSUANCE OF CITATION Page 4 of 7 Received 5/28/2024 Legal Department
new issues have resulted from the corrective work: multiple paint chips in frame of cabinets; left linen cabinet doors not even. Compliance Item 11: Issue: Vanity light over the right sink in master bathroom is loose. Status: Corrected. Compliance Item 12: Issue: Master bathroom jacuzzi does not work. Status: Not Corrected properly. Although the jacuzzi appears to function, Respondent asserted that an air hose had been “kinked” when removed and/or reinstalled, and it “popped off”. According to manufacturer, when the air hose pops off, it must be replaced. The hose was not replaced, thus likely resulting in recurrence of problem. Compliance Item 16: Issue: Large cut outs made under master bath vanities for plumbing,. Status: Not Corrected. Insufficient repair; attempted to glue add-on piece; wrong color; improper size. Additionally as a result of the attempted corrective work, there is now a sewage odor emanating from the left master bathroom vanity and powder sink drains - P-traps reinstalled incorrectly; gaps in new plywood and drywall with large hold around drain pipe which directly connects to the exterior of the residence. Compliance Item 17: Issue: Attic access doors need paint, and have a gap, need to be sealed. Status: Not Corrected. Only two of the three doors were painted. Compliance Item 19: Issue: Missing tile at front door threshold not grouted properly and missing two pieces of black tile at each corner. Status: Not Corrected. Sloppy use of substance applied; no effort to install pieces of tile at the corners, used black paint
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instead. Additionally, due to the attempted corrective work, large amount of black paint smeared along lower portion of both walls of the door; multiple black paint, dark marks on time inside the entryway. Compliance Item 13: Issue: Recessed light canisters are dropping. Electric plate missing in wine cellar. Status: Corrected.
Compliance Item 14: Issue: Painting of shutters. Status: Not Corrected. Deficient painting, rough to the touch, dull. Additionally, as a result of the corrective work, the shutters in master bedroom misaligned, left side no longer opens. White paint overspray on paver stones and front porch and right wall of home entryway (locations paint work performed). Compliance Item 15: Issue: Floating shelves have seams, hammer marks, cracks, paint drips and missing paint. Status: Not Corrected. Due to paint smear across tile of fireplace, it appears that the work was attempted, but not completed in workmanlike manner. REQUESTED CHARGES AGAINST RESPONDENT It is respectfully requested that the Registrar charge Respondent with violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Specifically, the Respondent should be charged with violating: Charge 1: A.R.S. § 32-1154(A)(1) - Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Charge 2: A.R.S. § 32-1154(A)(2) - Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without
Rebecca Romanucci v. Restoration Services, Ltd. - COMPLAINANT’S REQUEST FOR ISSUANCE OF CITATION Page 6 of 7 Received 5/28/2024 Legal Department
consent of the owner. Charge 3: A.R.S. § 32-1154(A)(3) - R4-9-108(a) - Violation of any rule adopted by the Registrar; Namely, A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge 4: A.R.S. § 32-1154(A)(6) - The doing of a fraudulent act by the licensee as a contractor resulting in another person being substantially injured. Charge 5: A.R.S. § 32-1154(A)(22) - Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. Charge 6: A.R.S. § 32-1158 - Failure of Respondent to comply with the required elements of any contract in an amount of more than $1,000 entered into between a contractor and the owner of a property to be improved. RESPECTFULLY SUBMITTED this 8th day of May, 2024. THE DAVIDSON FIRM, PLLC By /s/ Frederick E. Davidson Frederick E. Davidson Attorneys for Complainant
The foregoing was filed via e-mail this 8th day of May, 2024 with: Doug Barrett Arizona Registrar of Contractors [email redacted] /s/ Frederick E. Davidson
Rebecca Romanucci v. Restoration Services, Ltd. - COMPLAINANT’S REQUEST FOR ISSUANCE OF CITATION Page 7 of 7 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3