2024A-02751-CHC-ROC Notice of Hearing & Packet MAILED 2024-02751.pdf

2024A-02751-CHC-ROC · Registrar of Contractors · 2024-06-14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Barbara Bram , Case No. 2024-02751

COMPLAINANT, Docket No. 2024A-02751-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Blue Agave Construction LLC License No. ROC 333264,

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

HEARING INFORMATION The hearing is set for:

August 5, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on June 5, 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 14, 2024.

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

Copy mailed via USPS First Class mail June 14, 2024 to:

Respondent(s) Blue Agave Construction LLC 2425 S Stearman Dr. Ste 210 Chandler, AZ 85286

Complainant(s) Barbara Bram 23817 South Dobson Dr. Sun Lakes, AZ 85248

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2024-02751 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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: Barbara Bram 23817 South Dobson Rd Sun Lakes, AZ 85248

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: Blue Agave Construction LLC DBA: 2425 S Stearman Dr Ste 210 Chandler, AZ 85286

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 April 4, 2024

Re: Complaint No. 2024-02751

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Wednesday, April 24, 2024 at 09:00 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,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 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 C008 12/23 A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 4/8/24, 11:49 AM State of Arizona Mail - (no subject)

Todd Anderson <[email redacted]>

(no subject) messages

BARBARA BRAM <[email redacted]> Fri, Apr 5, 2024 at 5:35 PM To: Todd Anderson <[email redacted]>

Dear Todd:

Re: Complaint No. 2024-02751

I received your letter on April 24, 2024 and I will be present for the inspection at the jobsite on Wednesday, April 24, 2024 at 9:00 am.

I did not mention anything about the bathroom that was part of the contract because that wasn't started yet. There are 3 vanities that have been left in my living room. One of them was determined to be defective and I was told that a replacement was ordered. I am mentioning it because I don't know if the contractor will be required to finish the bathroom.

Please let me know if there is any other information that you need from me.

When it's closer to the day of the inspection I will send you directions to get into this gated community because your GPS will probably take you the wrong way.

Thank you Barbara Bram 203-507-3350 [email redacted]

Sent from my iPhone

Todd Anderson <[email redacted]> Mon, Apr 8, 2024 at 11:49 AM To: BARBARA BRAM <[email redacted]>

Barbara,

Thanks for the information. I will make a note to get your gate code before arriving.

Thanks

Todd Anderson Investigator #227

Arizona Registrar of Contractors Construction Investigations 1700 W Washington St., Ste 105 Phoenix, AZ 85007 Phone: (602) 771-6769 Email: [email redacted]

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=9cbed3e67d&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 JSI Photos #2024-02751 P 1 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 2 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 3 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 4 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 5 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 6 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 7 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 8 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 9 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM

Rough Edge Cut on Side Trim JSI Photos #2024-02751 P 10 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM

Loose Trim JSI Photos #2024-02751 P 11 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM

Dishwasher not placed properly JSI Photos #2024-02751 P 12 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM

These Trim pieces belong there JSI Photos #2024-02751 P 13 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 14 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM

Pony Wall not repaired after countertop installation JSI Photos #2024-02751 P 15 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 16 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-02751 P 17 Date: 4/24/24 at 9:00 am JSI PHOTOS 00AM

Outlet needs to be adjusted for normal use Jobsite Inspection Notes

Case No.: 2024-02751 Investigator: Todd Anderson Inspection Date: Wednesday, April 24, 2024 Inspection Time: 09:00 AM

Complainant: Barbara Bram Respondent: Blue Agave Not Present: Construction LLC Not Present:

Jobsite General Notes:

*The Respondent was not present at the Jobsite Inspection

Compliance Item: 1 - I was told that there was a team to get the job done in 2 weeks. There was no plan or crew to do it. I tried 9 times between Nov 3 and Dec 14 to contact GC to arrange to meet at our house to discuss the issues and hoped that he would hire experienced subs to fix the problems and finish properly. The GC did not return my texts or calls. Investigator’s Observation: The contract was signed on August 31st, 2023. Work was started September 11th, 2023. As of the date of the Jobsite Inspection (April 24th, 2024), the remodeling project is still not completed. The Respondent’s contract includes: “Contractor shall at all times operate in good faith to complete the Work in a time efficient manner…” All work needs to be completed as per contract, manufacturer’s specifications, change orders, local building codes, and industry standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional

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

industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item: 3 - Some cabinets are screwed to the wall and some are not. Investigator’s Observation: Not all cabinets pointed out by the complainant had screws through the backs of the cabinets and into the walls. The cabinetry should fit, be square, and securely attached. Contractor shall correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 8 - Molding on left side of refrigerator was not cut properly. Investigator’s Observation: Verified. This particular piece of molding had a rough cut to it and the edges were not painted or calked. Contractor shall correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - Molding on the end cabinet on the range side is loose. Investigator’s Observation: Verified. Trim should fit, be square, and securely attached. Contractor shall make necessary repairs. Governing Rule: ARS 32-1154(A)(3) Poor work – 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: 11 - Dishwasher was not properly put back in place. Investigator’s Observation: Verified. The dishwasher was not installed flush and is crooked. Contractor shall correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 12 - Two pieces of wood were placed between the dishwasher and the end panel. They fell out when bumped into by the vacuum. Investigator’s Observation: Verified. The two pieces were not attached and were sitting on the countertop. Trim should fit, be square, and securely attached. Contractor shall make necessary repairs. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 13 - Pony wall was cut down, but it was not straightened out and the drywall was not done. Investigator’s Observation: Verified. There is a void/gap between the drywall and underside of the countertop. Drywall around the top of the pony wall is damaged. Contractor shall correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 16 - The outlet in the sink cabinet was recessed too far back and the plumber put a power strip there temporarily. Investigator’s Observation: Verified. The electrical box and receptacle in the sink cabinet is recessed more than 1/4 inch from the surface of the cabinet back panel, and is missing a cover plate. Electrical boxes installed in combustible surfaces are to be flush with the surface. Installed receptacles should allow for normal usage, without requiring the use adapters, extension cords, and/or power strips (IRC E3906.5). Contractor shall 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 C011 12/23

Governing Rule: ARS 32-1154(A)(3) Poor work – 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: 2 - The inside of the cabinets in the kitchen and laundry room have gaps between the sides and bottom. Investigator’s Observation: Conditions described are present; however, not excessive, therefore considered to be meeting workmanship standards. Governing Rule: N/A

Compliance Item: 4 - Spacers between the cabinets and walls are not covered at the top and bottom. Investigator’s Observation: Filler boards are currently installed flush to surface of the cabinet face frame, and extend from the top of the face frame, to the bottom of the face frame. There are no filler boards between the top or bottom of the cabinet boxes and the walls. This is an industry standard installation. This is only visible from under the cabinet looking up, or from above the wall cabinets looking down. Unless specified in a contract, or on an approved plan, filler boards between the top or bottom of the cabinet boxes and the walls is not common or required. Governing Rule: N/A

Compliance Item: 5 - Crown molding in the laundry room should be replaced with one piece of wood that properly fits between the walls. Investigator’s Observation: It is a standard industry practice to join two pieces of crown molding across a wall or cabinet to form one cohesive piece. Meets industry standards. 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: 6 - There is a hole behind the refrigerator that needs to be covered. Investigator’s Observation: There is an existing shut-off valve located behind the refrigerator. It appeared as though the refrigerator was now getting its water supply from another source in the kitchen. These shut-off valves must remain accessible in the event of a leak. Unless specified in the contract to install an access panel, I cannot direct the contractor to cover this. Meets industry standards. Governing Rule: N/A

Compliance Item: 7 - Panel on side of refrigerator is not deep enough so the refrigerator sticks out too far and counter is not straight. Investigator’s Observation: The Fridge/End Panel was mounted flush to the back wall and is 24” deep which is what was specified on the drawings supplied and approved by the homeowner. Governing Rule: N/A

Compliance Item: 10 - All of the cabinets need to be adjusted and latches (hinges) need to be adjusted so that doors don't touch the walls. Investigator’s Observation: The hinges currently installed are a standard type of cabinet door hinge. There is no evidence the respondent was contractually obligated to install hinges that have the capability of limiting travel. Governing Rule: N/A

Compliance Item: 14 - The cabinets and pony wall were not prepaired before countertop installation. Investigator’s Observation: Unable to verify, not visible or accessible during this inspection. Installation of cabinets and countertops is complete. 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: 15 - Many quartz countertop issues including the seam and overhang on the peninsula Investigator’s Observation: The seam was visible; however, when two pieces of quartz countertop are joined together, some amount of visibility is expected. The visibility, flatness, and width of the seam are all considered to be meeting workmanship standards. In regards to the overhang, the Homeowner was concerned that the plywood underneath the countertop was not covered. The heavy 2cm quartz countertop is set on plywood in order to give extra support. The laminated edges covered, and prevented view of, the edges of the sub-tops when looking at the cabinets from a normal viewing height. There is no evidence the respondent was contractually obligated to install any type of covering over the bottom of the sub-top. This meets industry standards. Governing Rule: N/A

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 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: Barbara Bram 23817 South Dobson Dr Sun Lakes, AZ 85248

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: Blue Agave Construction LLC DBA: 2425 S Stearman Dr Ste 210 Chandler, AZ 85286

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 7, 2024

License No. ROC 333264

Re:Complaint No. 2024-02751

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 May 24th, 2024.

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Inspection (April 24th, 2024), the remodeling project is still not completed. The Respondent’s contract includes: “Contractor shall at all times operate in good faith to complete the Work in a time efficient manner…” All work needs to be completed as per contract, manufacturer’s specifications, change orders, local building codes, and industry standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 shall correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – 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 C009 12/23 Governing Rule: ARS 32-1154(A)(3) Poor work – 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:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 the bottom of the face frame. There are no filler boards between the top or bottom of the cabinet boxes and the walls. This is an industry standard installation. This is only visible from under the cabinet looking up, or from above the wall cabinets looking down. Unless specified in a contract, or on an approved plan, filler boards between the top or bottom of the cabinet boxes and the walls is not common or required. 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 C009 12/23 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 C009 12/23 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 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 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Barbara Bram, Case No. 2024-02751 COMPLAINANT, v. Blue Agave Construction LLC, CITATION License No. ROC 333264,

RESPONDENT.

The Registrar issues this Citation to Blue Agave Construction LLC (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 20, 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.

THE WRITTEN COMPLAINT

On April 3, 2024, Barbara Bram (“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

violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

of 5

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 :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.

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 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 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 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. 2024-02751.

How to File a Written Answer: Respondent’s written answer may be submitted in the

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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] 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 June 20, 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. 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

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 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 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 should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any

of 5

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 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 June 5, 2024. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 5, 2024 to: Respondent Certified Mail No: [number redacted] Blue Agave Construction LLC 2425 S Stearman Dr. Ste. 210 Chandler, AZ 85286

Copy mailed by USPS First Class mail this same date to: Respondent Blue Agave Construction LLC 2425 S Stearman Dr. Ste. 210 Chandler, AZ 85286 Complainant Barbara Bram 23817 South Dobson Dr. Sun Lakes, AZ 85248 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2024-02751/du

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Barbara Bram Mailing Address (Enter jobsite in Contract/Project section) City State Zip

23817 South Dobson Dr Sun Lakes Arizona 85248 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Blue Agave Construction LLC ROC 333264 Street Address City State Zip

2425 S Stearman Dr Ste 210 Chandler AZ 85286 Phone Number Email

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

Tyler Waite Contract/Project Information Contract Date Contract Amount Amount Paid

August 31, 2023 $36,213.75 $23,300.00 Date Work Started Date Work Stopped Date Work Was Completed

September 11, 2023 November 10, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

23817 South Dobson Drive Sun Lakes AZ 85248 Name of Construction Site Owner Construction Site Name (if applicable)

Andrew Bram and Barbara Bram Barbara Gabin Bram Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment;Poor Work;Other I have contacted the contractor by Have you filed a complaint in court? No

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? No

The contract was Written All change orders were Oral This project was Residential This project involved Remodel

A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

I was told that there was a team to get the job done in 2 weeks. There was no plan or crew to do it. I tried 9 times between Nov 3 and Dec 14 to contact GC to arrange to meet at our house to discuss the issues and hoped that he would hire experienced subs to fix the problems and finish properly. The GC did not return my texts or calls Allegations Listed on Complaint:

The inside of the cabinets in the kitchen and laundry room have gaps between the sides and bottom

Some cabinets are screwed to the wall and some are not

Spacers between the cabinets and walls are not covered at the top and bottom

Crown molding in the laundry room should be replaced with one piece of wood that properly fits between the walls

There is a hole behind the refrigerator that needs to be covered

Panel on side of refrigerator is not deep enough so the refrigerator sticks out too far and counter is not straight

Molding on left side of refrigerator was not cut properly

Molding on the end cabinet on the range side is loose

All of the cabinets need to be adjusted and latches need to be adjusted so that doors don't touch the walls

Dishwasher was not properly put back in place.

Two pieces of wood were placed between the dishwasher and the end panel. They fell out when bumped into by the vacuum

Pony wall was cut down, but it was not straightened out and the drywall was not done

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The cabinets and pony wall were not prepaired before countertop installation

Many quartz countertop issues including the seam and overhang on the peninsula

The outlet in the sink cabinet was recessed too far back and the plumber put a power strip there temporarily

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Barbara Bram \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 Jobsite Inspection Notes