2024A-02971-NPC-ROC Notice of Hearing & Packet MAILED 2024-02971.pdf

2024A-02971-NPC-ROC · Registrar of Contractors · 2024-06-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

US LBM OPERATING CO. 3009, LLC, Case No. 2024-02971 DBA: R&K Building Supplies, Docket No. 2024A-02971-NPC-ROC COMPLAINANT, NOTICE OF HEARING ON v. CONTESTED CASE J P Kush Construction LLC License No. ROC 247343,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

July 16, 2024 1:00 PM 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 April 8, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)

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.

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) J P Kush Construction LLC 16420 N 92nd St Ste 222 Scottsdale, AZ 85260

Respondent's Attorney Jamie L. Mayrose, Esq. 812 N 2nd Ave Phoenix, AZ 85003 Complainant(s) US LBM OPERATING CO. 3009, LLC DBA: R&K Building Supplies 2150 E Lake Cook Rd Ste 1010 Buffalo Grove, IL 60089,

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2024-02971 /

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

March 19, 2024

Via U.S. Mail and Email

Complainant US LBM OPERATING CO. 3009, LLC DBA: R&K Building Supplies 2150 E Lake Cook Rd Ste 1010 Buffalo Grove, IL 60089

Respondent J P Kush Construction LLC 16420 N 92nd St., Ste 223 Scottsdale, AZ 85260

Re: Complaint No. 2024-02971

Dear Complainant and Respondent:

The Registrar received a complaint filed against J P Kush Construction LLC for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by March 26, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before March 26, 2024 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

Sincerely,

/s/ Gail Mathews Gail Mathews Legal Department Arizona Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Nadine Elizabeth Stamper Street Address City State Zip Code W Baseline Road, Gilbert AZ 85233 Gilbert Arizona 85233 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) J P Kush Construction LLC ROC 247343 Street Address City State Zip Code

Phone Number Email Address

Name of Person(s) Representing License Jason Patrick Kush Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $84,242.83 November 28, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice # 3463411; Invoice # 3473317; Invoice # 3556720; Invoice # 3556719; Invoice # 3556718

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Nadine Elizabeth Stamper Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are 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 Nadine Elizabeth Stamper Dear Credit Applicant,

I would like to take this opportunity to thank you for considering R&K Building Supplies (R&K) for your building material needs. Since 1974, we have worked to establish ourselves as one of the most efficient and successful building supply businesses in the region.

Establishing Credit with R&K

In this packet, you will find the forms you will need to complete to establish credit with R&K. Carefully read and completely fill out the entire packet as accurately as possible. This will ensure that your request can be processed as quickly as possible (generally allow three working days).

If you are building a custom home or remodeling a residence, special attention will be given to your application to ensure compliance with all Arizona laws regarding owner-occupant transactions.

We appreciate your trust in R&K and look forward to serving your building supply needs. If you have any questions or need any assistance, please call us at 480-892-0025.

Thank you,

Chip Coons President R&K Building Supplies

R&K Building Supplies - Version - 02.01.20 Credit Agreement Terms and Conditions Buyer provides the above information to apply for credit (or to reaffirm, update, or continue an existing credit relationship) for the purposes of obtaining materials and services from R&K Building Supplies (R&K), intending that R&K rely on the above information as fully correct and accurate.

Prices and Payment Buyer understands and agrees to R&K’s Terms and Conditions, found at www.randk.com/terms and guarantees prompt, full payment of any and all obligations of Buyer to R&K. Buyer shall pay for all purchases within 30 days from date of invoice. Buyer is in default for invoices not paid within 30 days. R&K charges 1.5% per month (18% APR) for overdue amounts. In the event of default, Buyer further agrees to pay all service charges assessed against Buyer, plus all actual attorney fees and collection costs R&K incurs to enforce the terms of this Agreement or to collect money from Buyer. Buyer agrees that time is of the essence.

ECOA Notice The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant’s income derives from any public assistance program, or because the applicant has in good faith exercised any right under the consumer credit protection act. The federal agency that administers compliance with this law concerning this credit is the Federal Trade Commission, Division of Credit Practices, 6th and Pennsylvania Avenue NW, Washington, DC 20580.

Financial Responsibility If Buyer’s financial responsibility becomes unsatisfactory to R&K at any time, R&K may suspend and withhold further manufacture, deliveries, or materials. Buyer may lift and overcome any suspension by posting with R&K within sixty (60) days security in amount and kind satisfactory to R&K for payment of future deliveries. Buyer is still obligated to pay for materials previously delivered or ordered.

By signing below, Buyer agrees to the Credit Agreement Terms and Conditions. Buyer agrees to pay all present and future bills due to R&K. Buyer agrees to pay all service charges assessed against Buyer, plus all attorney fees and other costs incurred by R&K in the enforcement of this Agreement or to collect money from Buyer. Furthermore, Buyer authorizes R&K, or its agent, to investigate the Buyer’s financial responsibility and credit worthiness.

9/12/21 Signature: _______________________________________________ Date: ________________________________ Jason Kush, Owner/Managing Member Printed Name and Title: __________________________________________________________________________ (MUST BE AN OFFICER, OWNER, OR PARTNER)

R&K Building Supplies – Version – 02.01.2020 CONTINUING GUARANTY J P Kush Construction LLC As a direct and material inducement to R&K to extend credit to ___________________________________________ (“Customer”), and in consideration of such extension and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned (“Guarantor(s)”) jointly and severally unconditionally and personally guarantee full payment, performance, and compliance of all indebtedness and all terms and conditions set forth by R&K in the Credit Application, including, without limitation, all purchases, debts, obligations and liabilities of Customer, now or hereafter incurred or entered into by Customer. Guarantor(s) understands and agrees that Guarantor’s liability extends to all outstanding amounts owed by Customer, including, without limitation, any amounts that may exceed any previously stated credit limit for Customer, and any fees or costs incurred by R&K in the collection of any amounts due hereunder. Guarantor(s) hereby authorizes, but does not require, R&K to, from time to time, review and renew the extension of credit to Customer, and/or to modify Customer’s payment terms or schedule, all without further notice to Guarantor(s); it being Guarantor’s obligation to monitor any credit balances owed by Customer to R&K. The liability of Guarantor(s) shall not be affected by any compromise, modification, release or discharge of Customer’s indebtedness, unless otherwise agreed to by R&K in writing, whether by operation of law or otherwise, or by any change in the form of indebtedness, or by any modification of the forms of sale made by R&K to Customer, or by the addition of any other Guarantor(s).

This Guaranty is a continuing guaranty and may only be withdrawn or revoked in writing by Guarantor(s), which must be sent to R&K by certified mail with return receipt, or by other form of delivery requiring acknowledgement of receipt by R&K. Any such withdrawal or revocation of this Guaranty shall not be effective unless Guarantor(s) is able to provide and prove written acknowledgement of receipt by R&K. Any such withdrawal or revocation of this Guaranty by Guarantor(s) shall not be effective as to any outstanding balances or purchases made prior to R&K’s receipt of such withdrawal or revocation, and Guarantor(s) shall remain fully liable therefor. R&K reserves the right, within its sole and absolute discretion, to cancel Customer’s right to future credit at any time following any such withdrawal or revocation by Guarantor(s). Guarantor(s) agrees that separate actions may be brought against Guarantor(s) whether or not Customer or other parties deemed by Customer to be responsible are joined in any such action.

Guarantor(s) hereby authorizes R&K to investigate any credit and financial records, including banking records, which are in the name of Guarantor(s) and authorizes R&K to share the information received from any consumer credit report with R&K’s affiliates, agents, attorneys, officers and owners. Guarantor(s) understands and acknowledges that this Guaranty relates to a commercial debt and is not a consumer debt subject to the Fair Debt Collection Practices Act (“FDCPA”). Guarantor(s) acknowledges and understands that Guarantor(s) liability hereunder is to be personal, irrespective of whether Guarantor(s) executes this Guaranty using a company title or position. This Continuing

R&K Building Supplies – Version – 02.01.2020 Guaranty is intended to inure to the benefit of R&K, and its successors and assigns, If litigation is instituted to enforce this Continuing Guaranty, Guarantor(s) agrees to jurisdiction and venue as specified in the Credit Application.

IN THE EVENT THAT GUARANTOR(S) IS MARRIED, THEN GUARANTOR’S SPOUSE MUST SIGN THIS CONTINUING GUARANTY AND CONSENT. IN THE EVENT THAT NO SPOUSE SIGNS THIS CONTINUING GUARANTY AND CONSENT, R&K IS EXPRESSLY AUTHORIZED BY GUARANTOR(S) TO ACCEPT THE SAME AS AN AFFIRMATIVE AND MATERIAL REPRESENTATION BY GUARANTOR(S) THAT GUARANTOR(S) IS NOT MARRIED AND UNDERSTANDS THAT R&K’S EXTENSION OF CREDIT HEREUNDER IS MADE IN RELIANCE THEREON. IN THE EVENT SUCH REPRESENTATION IS LATER DETERMINED TO BE UNTRUE, R&K SHALL BE ENTITLED TO SEEK RELIEF AGAINST GUARANTOR’S MARITAL COMMUNITY BASED UPON SUCH MISREPRESENTATION WHICH SHALL BE DEEMED INTENTIONAL. IN THE EVENT THAT GUARANTOR’S MARITAL STATUS CHANGES FOLLOWING THE EXECUTION OF THIS CONTINUING GUARANTY AND CONSENT, GUARANTOR(S) SHALL PROVIDE WRITTEN NOTICE TO R&K BY MEANS REQUIRING ACKNOWLEDGEMENT OF RECEIPT BY R&K.

September 21 EXECUTED AND DELIVERED this ________ day of ______________________, 20_____.

GUARANTOR GUARANTOR

_______________________________________ _______________________________________ Signature Signature Jason P Kush _______________________________________ _______________________________________ Printed Name Printed Name

R&K Building Supplies – Version – 02.01.2020 JOB INFORMATION SHEET 10/1/21 PROPERTY INFORMATION PROJECT START DATE: ____________________

JOB ADDRESS: Lomas Verdes Estates lots 1-6 CITY, ST, ZIP: Scottsdale, AZ PROJECT: Lomas Verdes Estates LOT NO.: 1-6 TRACT: COUNTY: Maricopa CROSS STREETS: 64th & Jomax

OWNER INFORMATION RECORDED OWNER(S): J P Kush Construction LLC CURRENT MAILING ADDRESS: 16420 N 92nd ST ste 223

CITY, ST, ZIP: Scottsdale, AZ 85260

CONTACT: Jason Kush PHONE: 480-221-9311

LENDING INSTITUTION ☐ NO LENDING INSTITUTION (Mark if the project is owner-financed. If marked, do not fill out info below.) NAME: Unison Bank

ADDRESS: 1835 E Pecos Rd CITY, ST, ZIP: Gilbert, AZ 85295

CONTACT: Karen Werner PHONE: (480) 396-1283

GENERAL CONTRACTOR ☐ OWNER-BUILDER (If marked, do not fill out info below. See owner info above.) ☐ NO GENERAL CONTRACTOR (Mark if R&K is only replacing/upgrading existing products. If marked, do not fill out info below.) NAME: J P Kush Construction LLC

ADDRESS: 16420 N 92nd St ste 223 CITY, ST, ZIP: Scottsdale, AZ 85260

CONTACT: Jason Kush PHONE: 480-221-9311

SUBCONTRACTOR ☐ R&K IS THE SUBCONTRACTOR (If marked, do not fill out info below.) NAME: JTM Framing & Carpentry

ADDRESS: PO Box 15191 CITY, ST, ZIP: Scottsdale, AZ 85267 CONTACT: JT Marsh PHONE: 480-600-1682

FOR R&K DEPARTMENT USE ONLY ☐ Wrap Agreement Package (Mark if you need a DocuSign Wrap Agreement sent to the Builder & Owner(s).) Owner 1 Email: ________________________________________ Owner 2 Email: ________________________________________

Builder Email: ________________________________________

☐ Joint Check Agreement Package (Mark if you need a DocuSign Joint Check Agreement sent to General Contractor & Subcontractor.) General Contractor Email: __________________________________ Subcontractor Email: __________________________________

Lumber $ Truss $ Windows & Doors $ Millwork $ Insulation $

Salesperson: _______________________________ FOR R&K ACCOUNTING USE ONLY Job Code: __________ Estimated Total Dollar Value of Job: $ ______________

R&K Building Supplies - Version - 02.01.20 Dear Contractor,

Pursuant to A.R.S. § 33-1002(B), R&K Building Supplies must have a contract directly with the recorded owner of a proposed home construction project to have lien rights. This is necessary so that R&K can protect its interest in delivering building supplies and providing subcontract work. Furthermore, this allows R&K to assist you in seeking payment from the homeowner in the event of non-payment.

In our contract with the home-owner, you will notice similar items to a contractor’s agreement with a homeowner. These items are required pursuant to A.R.S. § 32-1158(B) and help protect R&K’s interests. R&K seeks to handle all transactions in a business-like manner.

We appreciate your trust in R&K and look forward to serving your building supply needs. If you have any questions or need any assistance, please call us at 480-892-0025.

Thank you,

Chip Coons President R&K Building Supplies

R&K Building Supplies - Version - 02.01.20 Wrap Agreement “Sale to Builder and Owner-Occupant” Dear Homeowner,

Pursuant to A.R.S. § 33-1002(B), R&K Building Supplies must have a contract directly with the recorded owner of a proposed home construction project. This is necessary so that the owner is aware of the sources of material that are being used in the home construction project.

Your Contractor/Builder has given us permission to contract with you directly.

This is in no way a reflection of your contractor/builder, as it is in contractor/builder’s best interest for you to be sure all supplies have been paid for when you obtain lien waivers upon completion of the home construction.

Notice: The Homeowner has the right to file a written complaint against the contractor with the registrar for an alleged violation of section 32-1154, subsection A. The registrar can be contacted at 602-542-1525 or www.azroc.gov. Complaints must be made within the applicable time period as set forth in section 32-1155, subsection A.

It is our Company policy to handle all transactions in a business-like manner. We are happy to answer any questions you may have concerning this matter.

Sincerely,

Chip Coons President R&K Building Supplies

Terms and Conditions

1. The parties to this Agreement are: J P Kush Construction LLC R&K Building Supplies (“R&K”), ________________________________________ (“Builder”), and _______________________________ and _______________________________ (collectively “Homeowner”). 2. The parties agree as follows: a. The above letter is incorporated in and made a part of this Agreement by this reference. The Homeowner owns and occupies, or plans to occupy, a dwelling located at: _______________________ __________________________ (“dwelling”) with a legal description of ______________________________ ___________________________________________________________________________________________. b. The Homeowner has contracted with the Builder to construct, alter, or repair the dwelling in the following manner: _✔_ New Build _ _ Remodel _ _ Addition i. The parties agree to incorporate the following items from the contract between the Home Owner and the Builder by reference: (1) Description of project work and scope; (2) Commencement Date, (3) Completion Date, (4) Total amount for project; (5) Amount of advance deposit; and (6) Amount and timing of progress payments. c. R&K shall supply the materials, machinery, fixtures, or tools as requested by the Homeowner, the Builder, or their agents for the construction, alteration, or repair of the dwelling according to the contract between the contractor and R&K. d. The Builder and the Homeowner shall pay for the materials, machinery, fixtures, or tools R&K supplies in the following manner: i. R&K shall invoice the Builder and the Builder shall pay R&K within 30 days of invoice date. e. All amounts the Builder does not pay within the 30-day period become overdue. f. The Builder and the Homeowner agree to be jointly and severally liable for R&K’s reasonable attorney fees, court costs, and other expenses R&K incurs in collecting overdue amounts, including interest at the highest rate allowed by law on the overdue amounts. 3. The Effective Date of this Agreement is the date when the last party to this Agreement signs this Agreement.

Owner Mabnaging Jason Kush ____________________________________ ____________________________________ Builder (Print) Title Homeowner (Print)

9/12/21 ____________________________________ ____________________________________ Builder Signature Date Homeowner Signature Date

____________________________________ Homeowner (Print)

____________________________________ Homeowner Signature Date

R&K Building Supplies - Version - 02.01.20 Customer Account Inquiry JP Kush Construction LLC Customer #: RKJ0227

Job(s): (All) R&K Building Supplies PO Box 840618 Los Angeles, CA 90084-0618 As of February 28, 2024 Transaction Transaction Invoice Payment / Remaining Date Due Date Type Branch Reference Number Amount Credit Amount Balance

(N/A) -

09/19/2023 Payment 033990 R&K Admin 2036 - (2,893.04) (403.02) 3382957,3377042,3372880,3364768,3360707,3350846,33302 59,3215090,3330259,3390867,3394992,3400395,3406516,34 17989, 0.00 (2,893.04) (403.02)

Lot 1-Lomas Verdes - 6402 E Lomas Verdes Drive

09/19/2023 10/19/2023 Invoice 033060 R&K Window & Door Center INV# 3463411, SO# 16613840 45,348.65 45,348.65 11/28/2023 12/28/2023 Invoice 033060 R&K Window & Door Center INV# 3556720, SO# 17292480 1,953.90 1,953.90 11/30/2023 11/30/2023 Finance Charge 033990 R&K Admin 6141556 679.57 679.57 12/31/2023 12/31/2023 Finance Charge 033990 R&K Admin 6195752 679.57 679.57 01/31/2024 01/31/2024 Finance Charge 033990 R&K Admin 6247321 708.88 708.88 49,370.57 0.00 49,370.57

Lot 3-Lomas Verdes Estates - 6414 E Lomas Verdes Drive

11/28/2023 12/28/2023 Invoice 033060 R&K Window & Door Center INV# 3556719, SO# 17325445 2,093.14 1,915.72 01/31/2024 01/31/2024 Finance Charge 033990 R&K Admin 6247320 29.39 29.39 2,122.53 0.00 1,945.11

Lot 5-Lomas Verdes - 6409 E Lomas Verdes Dr

09/26/2023 10/26/2023 Invoice 033060 R&K Window & Door Center INV# 3473317, SO# 16742615 31,513.39 31,513.39 11/28/2023 12/28/2023 Invoice 033060 R&K Window & Door Center INV# 3556718, SO# 17398685 3,914.19 3,914.19 11/30/2023 11/30/2023 Finance Charge 033990 R&K Admin 6141557 472.70 472.70 12/31/2023 12/31/2023 Finance Charge 033990 R&K Admin 6195753 472.70 472.70 01/31/2024 01/31/2024 Finance Charge 033990 R&K Admin 6247322 531.41 531.41 36,904.39 0.00 36,904.39

Current 1 - 30 31 - 60 61 - 90 91+ Total 0.00 1,269.68 1,152.27 8,936.08 76,459.02 87,817.05

Pending Orders: 0.00 Total With Pending: 87,817.05

2/28/2024 8:23:32AM Page 1 of 1 REMIT TO: R&K Building Supplies Sales Invoice PO Box 840618 Sale Type Delivered Los Angeles, CA 90084-0618 480-892-0025 Invoice No 3556719 Invoice Date 11/28/2023 SHIPPED FROM: Branch 033060 R&K Window & Door Center R&K Building Supplies NET 30 DAYS Terms 1601 N DELAWARE ST RKJ0227 Customer CHANDLER, AZ 85225-0925 Contact Name Matt Hyde / LOT 3 / I 480-892-6400 Contact Number [number redacted] www.randk.com Job Lot 3-Lomas Verdes Estates Invoice Address ROC# 342448, ROC# 342447, JP Kush Construction LLC ROC# 342483, ROC# 342851 Plot Ref 16420 N 92ND ST STE 223 Your Ref WDC SCOTTSDALE, AZ, 85260-1946 Our Ref 17325445 Taken By Patricia Halloran Sales Rep Patricia Halloran

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Delivery Address: JP Kush Construction LLC, 6414 E Lomas Verdes Drive, Scottsdale, AZ, 85266

Special Instructions Notes

Line Description Qty/Footage Price Per Total

INSTALL - DOOR TUE 11/14

SPECIAL ORDER - EMTEK PO#607970

zz_SOEMTEK_1552 - 5110HECLHUS19 - PASSAGE SQUARE 1 ea 178.50 ea 178.50 ROSETTE HERCULES LEVER LH US19 End of SPECIAL ORDER - EMTEK PO#607970 178.50

SPECIAL ORDER - TRUSTILE PO#603924 TMIR1001 MDF

zz_SOSLAB_44339 - 41-13/16 X 96 1-3/4" PREHUNG SWING 1 ea 1,526.88 ea 1,526.88

Design Fee - DesignFee - MANUFACTURERS FRIGHT 387.76

End of SPECIAL ORDER - TRUSTILE PO#603924 TMIR1001 MDF 1,914.64

The invoice is due on 12/28/2023. Total Amount $2,093.14

Sales Tax $0.00 All six sides of door must be sealed within 72 hours or warranty may be void. This document is subject and governed by R&K Building Supplies Terms and Conditions, which are available Invoice Total $2,093.14 for review at https://www.randk.com/terms/ (the "Terms and Conditions") ,and the Terms and Conditions are incorporated by reference into this document. The Terms and Conditions are subject to change, with the updated versions being available at the foregoing link, and you agree and intend to be bound by Terms and Conditions. If you cannot access the link or prefer to receivethe Terms and Conditions in another format, please contact [email redacted] REMIT TO: R&K Building Supplies Sales Invoice PO Box 840618 Sale Type Delivered Los Angeles, CA 90084-0618 480-892-0025 Invoice No 3463411 Invoice Date 09/19/2023 SHIPPED FROM: Branch 033060 R&K Window & Door Center R&K Building Supplies NET 30 DAYS Terms 1601 N DELAWARE ST RKJ0227 Customer CHANDLER, AZ 85225-0925 Contact Name Matt Hyde 480-892-6400 Contact Number [number redacted] www.randk.com Job Lot 1-Lomas Verdes Invoice Address ROC# 342448, ROC# 342447, JP Kush Construction LLC ROC# 342483, ROC# 342851 Plot Ref 16420 N 92ND ST STE 223 Your Ref WDC SCOTTSDALE, AZ, 85260-1946 Our Ref 16613840 Taken By Patricia Halloran Sales Rep Patricia Halloran

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Delivery Address: JP Kush Construction LLC, 6402 E Lomas Verdes Drive, Scottsdale, AZ, 85266

Special Instructions Notes

[email redacted] [email redacted]

Line Description Qty/Footage Price Per Total

SPECIAL ORDER - TRUSTILE PO#564447 MDF

zz_SOSLAB_42467 - 35-13/16 X 96 1-3/4" LH PREHUNG - 1 ea 1,222.38 ea 1,222.38 POWDER zz_SOSLAB_42468 - 35-13/16 X 96 1-3/4" LH PREHUNG - BR 1 1 ea 1,173.81 ea 1,173.81

zz_SOSLAB_42469 - 35-13/16 X 96 1-3/4" LH PREHUNG - BATH 1 1 ea 1,173.81 ea 1,173.81

zz_SOSLAB_42470 - 35-13/16 X 96 1-3/4" RH PREHUNG - BR 2 1 ea 1,173.81 ea 1,173.81

zz_SOSLAB_42471 - 35-13/16 X 96 1-3/4" RH PREHUNG - BATH 2 1 ea 1,173.81 ea 1,173.81

zz_SOSLAB_42472 - 23-13/16 X 96 1-3/4" RH PREHUNG - CLOSET 1 ea 1,130.10 ea 1,130.10

zz_SOSLAB_42473 - 31-13/16 X 96 1-3/4" LH PREHUNG - HALL 1 ea 1,231.29 ea 1,231.29 CLOSET LFT zz_SOSLAB_42474 - 31-13/16 X 96 1-3/4" LH PREHUNG - HALL 1 ea 1,231.29 ea 1,231.29 CLOSET RHT zz_SOSLAB_42475 - 35-13/16 X 96 1-3/4" LH PREHUNG - BR 3 1 ea 1,173.81 ea 1,173.81

zz_SOSLAB_42476 - 42" X 100" 1-3/4" BARN DOOR - BR 3 BATH 1 ea 1,255.57 ea 1,255.57

zz_SOSLAB_42477 - 35-13/16 X 96 1-3/4" RH PREHUNG - MBR 1 ea 1,173.81 ea 1,173.81

zz_SOSLAB_42478 - 31-13/16 X 96 1-3/4" LH PREHUNG - MWC 1 ea 1,160.05 ea 1,160.05

zz_SOSLAB_42479 - 35-13/16 X 96 1-3/4" LH PREHUNG - MBATH 1 ea 1,173.81 ea 1,173.81

zz_SOSLAB_42480 - 35-13/16 X 96 1-3/4" RH PREHUNG - 1 ea 1,173.81 ea 1,173.81 LAUNDRY zz_SOSLAB_42481 - 35-13/16 X 96 1-3/4" LH PREHUNG - PANTRY 1 ea 1,173.81 ea 1,173.81

zz_SOSLAB_42482 - 35-13/16 X 96 1-3/4" RH PREHUNG 20 MIN 1 ea 2,286.90 ea 2,286.90 FIRE RATED zz_SOSLAB_42483 - 31-13/16 X 96 1-3/4" LH PREHUNG - CASITA 1 ea 1,160.05 ea 1,160.05 BATH 1 zz_SOSLAB_42484 - 31-13/16 X 96 1-3/4" RH PREHUNG - CASITA 1 ea 1,160.05 ea 1,160.05 BATH 2 REMIT TO: R&K Building Supplies Sales Invoice PO Box 840618 Sale Type Delivered Los Angeles, CA 90084-0618 480-892-0025 Invoice No 3463411 Invoice Date 09/19/2023 SHIPPED FROM: Branch 033060 R&K Window & Door Center R&K Building Supplies NET 30 DAYS Terms 1601 N DELAWARE ST RKJ0227 Customer CHANDLER, AZ 85225-0925 Contact Name Matt Hyde 480-892-6400 Contact Number [number redacted] www.randk.com Job Lot 1-Lomas Verdes Invoice Address ROC# 342448, ROC# 342447, JP Kush Construction LLC ROC# 342483, ROC# 342851 Plot Ref 16420 N 92ND ST STE 223 Your Ref WDC SCOTTSDALE, AZ, 85260-1946 Our Ref 16613840 Taken By Patricia Halloran Sales Rep Patricia Halloran

Delivery Address: JP Kush Construction LLC, 6402 E Lomas Verdes Drive, Scottsdale, AZ, 85266

Line Description Qty/Footage Price Per Total

zz_SOSLAB_42485 - 29-13/16 X 96 1-3/4" LH PREHUNG - CASITA 1 ea 1,156.00 ea 1,156.00 CLOSET 1 zz_SOSLAB_42486 - 29-13/16 X 96 1-3/4" RH PREHUNG - CASITA 1 ea 1,156.00 ea 1,156.00 CLOSET 2 zz_SOSLAB_42487 - 42" X 100" 1-3/4" BARN DOOR - CASITA 2 ea 1,255.57 ea 2,511.14 KITCHEN End of SPECIAL ORDER - TRUSTILE PO#564447 MDF 27,225.11

SPECIAL ORDER - EL & EL PO#571672 BELLEVILLE

zz_SOSLAB_42717 - 3/0 X 8/0 RH METAL INSWING MTL LOUVER 1 ea 2,082.00 ea 2,082.00 VENT INSERT zz_SOSLAB_42719 - 3/0 X 8/0 LH METAL INSWING MTL LOUVER 1 ea 2,082.00 ea 2,082.00 VENT INSERT zz_SOSLAB_42720 - 3/0 X 6/8 RH METAL INSWING MTL 2 VENT 1 ea 1,746.00 ea 1,746.00 CUSTOM INSERT End of SPECIAL ORDER - EL & EL PO#571672 BELLEVILLE 5,910.00

SPECIAL ORDER - EMTEK PO#572884 HERCULES

Window Package - WndwPckg - EMTEK HARDWARE PACKAGE 2,671.00

zz_SOEMTEK_1458 - 5210HECLHUS19 - PRIVACY SQ ROSETTE LH 7 ea 0.00 ea 0.00 LEVER US19 zz_SOEMTEK_1459 - 5110HECLHUS19 - PASSAGE SQ ROSETTE 2 ea 0.00 ea 0.00 LH LEVER US19 zz_SOEMTEK_1460 - 5210HECRHUS19 - PRIVACY SQ ROSETTE 5 ea 0.00 ea 0.00 RH LEVER US19 zz_SOEMTEK_1461 - 5110HECRHUS19 - PASSGAE SQ ROSETTE 3 ea 0.00 ea 0.00 RH LEVER US19 zz_SOEMTEK_1462 - 8469US19 - SQ DEADBOLT SGL US19 3 ea 0.00 ea 0.00

zz_SOEMTEK_1463 - 5050HECUS19 - DUMMY SQ ROSETTE LEVER 1 ea 0.00 ea 0.00 US19 REMIT TO: R&K Building Supplies Sales Invoice PO Box 840618 Sale Type Delivered Los Angeles, CA 90084-0618 480-892-0025 Invoice No 3463411 Invoice Date 09/19/2023 SHIPPED FROM: Branch 033060 R&K Window & Door Center R&K Building Supplies NET 30 DAYS Terms 1601 N DELAWARE ST RKJ0227 Customer CHANDLER, AZ 85225-0925 Contact Name Matt Hyde 480-892-6400 Contact Number [number redacted] www.randk.com Job Lot 1-Lomas Verdes Invoice Address ROC# 342448, ROC# 342447, JP Kush Construction LLC ROC# 342483, ROC# 342851 Plot Ref 16420 N 92ND ST STE 223 Your Ref WDC SCOTTSDALE, AZ, 85260-1946 Our Ref 16613840 Taken By Patricia Halloran Sales Rep Patricia Halloran

Delivery Address: JP Kush Construction LLC, 6402 E Lomas Verdes Drive, Scottsdale, AZ, 85266

Line Description Qty/Footage Price Per Total

End of SPECIAL ORDER - EMTEK PO#572884 HERCULES 2,671.00

Handling Fee - HandlingFee - MANUFACTURERS FRIEGHT 882.54

INSTALLED TUE 9/12-14

Install Labor - InstallLabor - Install Labor 8,660.00

The invoice is due on 10/19/2023. Total Amount $45,348.65

Sales Tax $0.00 All six sides of door must be sealed within 72 hours or warranty may be void. This document is subject and governed by R&K Building Supplies Terms and Conditions, which are available Invoice Total $45,348.65 for review at https://www.randk.com/terms/ (the "Terms and Conditions") ,and the Terms and Conditions are incorporated by reference into this document. The Terms and Conditions are subject to change, with the updated versions being available at the foregoing link, and you agree and intend to be bound by Terms and Conditions. If you cannot access the link or prefer to receivethe Terms and Conditions in another format, please contact [email redacted] REMIT TO: R&K Building Supplies Sales Invoice PO Box 840618 Sale Type Delivered Los Angeles, CA 90084-0618 480-892-0025 Invoice No 3556720 Invoice Date 11/28/2023 SHIPPED FROM: Branch 033060 R&K Window & Door Center R&K Building Supplies NET 30 DAYS Terms 1601 N DELAWARE ST RKJ0227 Customer CHANDLER, AZ 85225-0925 Matt Hyde Contact Name / LOT 1 MST BDRM CLOSET 480-892-6400 Contact Number [number redacted] www.randk.com Job Lot 1-Lomas Verdes Invoice Address ROC# 342448, ROC# 342447, JP Kush Construction LLC ROC# 342483, ROC# 342851 Plot Ref 16420 N 92ND ST STE 223 Your Ref WDC SCOTTSDALE, AZ, 85260-1946 Our Ref 17292480 Taken By Patricia Halloran Sales Rep Patricia Halloran

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Delivery Address: JP Kush Construction LLC, 6402 E Lomas Verdes Drive, Scottsdale, AZ, 85266

Special Instructions Notes

[email redacted]

Line Description Qty/Footage Price Per Total

INSTALLED_Door Install Team TUE 11/14

SPECIAL ORDER - TRUSTILE PO#602159 TMIR6001

zz_SOSLAB_44129 - 31-5/8 X 96 1-3/4" LH MDF 1 ea 1,081.40 ea 1,081.40

Design Fee - DesignFee - MANUFACTURERS FREIGHT 294.50

SPECIAL ORDER - EMTEK PO#607969

zz_SOEMTEK_1553 - 5110HECLHHUS19 - PASSAGE SQ ROSETTE 1 ea 178.00 ea 178.00 HERCULES LEVER LH US19

Install Labor - InstallLabor - Install Labor 400.00

The invoice is due on 12/28/2023. Total Amount $1,953.90

Sales Tax $0.00 All six sides of door must be sealed within 72 hours or warranty may be void. This document is subject and governed by R&K Building Supplies Terms and Conditions, which are available Invoice Total $1,953.90 for review at https://www.randk.com/terms/ (the "Terms and Conditions") ,and the Terms and Conditions are incorporated by reference into this document. The Terms and Conditions are subject to change, with the updated versions being available at the foregoing link, and you agree and intend to be bound by Terms and Conditions. If you cannot access the link or prefer to receivethe Terms and Conditions in another format, please contact [email redacted] REMIT TO: R&K Building Supplies Sales Invoice PO Box 840618 Sale Type Delivered Los Angeles, CA 90084-0618 480-892-0025 Invoice No 3473317 Invoice Date 09/26/2023 SHIPPED FROM: Branch 033060 R&K Window & Door Center R&K Building Supplies NET 30 DAYS Terms 1601 N DELAWARE ST RKJ0227 Customer CHANDLER, AZ 85225-0925 Contact Name Matt Hyde 480-892-6400 Contact Number [number redacted] www.randk.com Job Lot 5-Lomas Verdes Invoice Address ROC# 342448, ROC# 342447, JP Kush Construction LLC ROC# 342483, ROC# 342851 Plot Ref 16420 N 92ND ST STE 223 Your Ref WDC SCOTTSDALE, AZ, 85260-1946 Our Ref 16742615 Taken By Patricia Halloran Sales Rep Patricia Halloran

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Delivery Address: JP Kush Construction LLC, 6409 E Lomas Verdes Dr, Scottsdale, AZ, 85266

Special Instructions Notes

Field Contact - [email redacted] Contractor - [email redacted]

Line Description Qty/Footage Price Per Total

SPECIAL ORDER - TRUSTILE PO#571627 MDF

zz_SOSLAB_42694 - 35-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,131.71 ea 1,131.71

zz_SOSLAB_42696 - 31-13/16 X 96 1-3/4" RH PREHUNG 1 ea 1,117.95 ea 1,117.95

zz_SOSLAB_42697 - 35-13/16 X 96 1-3/4" RH PREHUNG 1 ea 1,131.71 ea 1,131.71

zz_SOSLAB_42698 - 35-13/16 X 96 1-3/4" RH PREHUNG 1 ea 1,131.71 ea 1,131.71

zz_SOSLAB_42699 - 35-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,131.71 ea 1,131.71

zz_SOSLAB_42700 - 31-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,117.95 ea 1,117.95

zz_SOSLAB_42701 - 35-13/16 X 96 1-3/4" RH PREHUNG 1 ea 1,131.71 ea 1,131.71

zz_SOSLAB_42702 - 35-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,131.71 ea 1,131.71

zz_SOSLAB_42703 - 35-13/16 X 96 1-3/4" LHR PREHUNG 1 ea 1,180.29 ea 1,180.29

zz_SOSLAB_42704 - 35-13/16 X 96 1-3/4" LH PREHUNG 20 MIN 1 ea 2,244.81 ea 2,244.81

zz_SOSLAB_42705 - 35-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,131.71 ea 1,131.71

zz_SOSLAB_42706 - 35-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,131.71 ea 1,131.71

zz_SOSLAB_42707 - 35-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,131.71 ea 1,131.71

zz_SOSLAB_42708 - 31-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,117.95 ea 1,117.95

zz_SOSLAB_42709 - 35-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,181.29 ea 1,181.29

zz_SOSLAB_42710 - 31-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,065.33 ea 1,065.33

zz_SOSLAB_42711 - 42 X 102 1-3/4" SLAB ONLY NO HANDING 1 ea 1,213.48 ea 1,213.48

zz_SOSLAB_42712 - 31-13/16 X 96 1-3/4" LH PREHUNG 1 ea 1,117.95 ea 1,117.95

End of SPECIAL ORDER - TRUSTILE PO#571627 MDF 21,542.39

SPECIAL ORDER - EMTEK PO#572919 HERCULES

Window Package - WndwPckg - EMTEK HARDWARE PACKAGE 2,671.00 REMIT TO: R&K Building Supplies Sales Invoice PO Box 840618 Sale Type Delivered Los Angeles, CA 90084-0618 480-892-0025 Invoice No 3473317 Invoice Date 09/26/2023 SHIPPED FROM: Branch 033060 R&K Window & Door Center R&K Building Supplies NET 30 DAYS Terms 1601 N DELAWARE ST RKJ0227 Customer CHANDLER, AZ 85225-0925 Contact Name Matt Hyde 480-892-6400 Contact Number [number redacted] www.randk.com Job Lot 5-Lomas Verdes Invoice Address ROC# 342448, ROC# 342447, JP Kush Construction LLC ROC# 342483, ROC# 342851 Plot Ref 16420 N 92ND ST STE 223 Your Ref WDC SCOTTSDALE, AZ, 85260-1946 Our Ref 16742615 Taken By Patricia Halloran Sales Rep Patricia Halloran

Delivery Address: JP Kush Construction LLC, 6409 E Lomas Verdes Dr, Scottsdale, AZ, 85266

Line Description Qty/Footage Price Per Total

zz_SOEMTEK_1453 - 5210HECLHUS19 - PRIVACY SQ ROSETTE LH 7 ea 0.00 ea 0.00 LEVER US19 zz_SOEMTEK_1454 - 5110HECLHUS19 - PASSAGE SQ ROSETTE 6 ea 0.00 ea 0.00 LH LEVER US19 zz_SOEMTEK_1455 - 5210HECRHUS19 - PRIVACY SQ ROSETTE 3 ea 0.00 ea 0.00 RH LEVER US19 zz_SOEMTEK_1456 - 5110HECRHUS19 - PASSAGE SQ ROSETTE 1 ea 0.00 ea 0.00 RH LEVER US19 zz_SOEMTEK_1457 - 8469US19 - SQ DEADBOLT SGL US19 1 ea 0.00 ea 0.00

End of SPECIAL ORDER - EMTEK PO#572919 HERCULES 2,671.00

Handling Fee - HandlingFee - Handling Fee - INBOUND FREIGHT 800.00

INSTALL TUE 9/19

Install Labor - InstallLabor - Install Labor 6,500.00

The invoice is due on 10/26/2023. Total Amount $31,513.39

Sales Tax $0.00 All six sides of door must be sealed within 72 hours or warranty may be void. This document is subject and governed by R&K Building Supplies Terms and Conditions, which are available Invoice Total $31,513.39 for review at https://www.randk.com/terms/ (the "Terms and Conditions") ,and the Terms and Conditions are incorporated by reference into this document. The Terms and Conditions are subject to change, with the updated versions being available at the foregoing link, and you agree and intend to be bound by Terms and Conditions. If you cannot access the link or prefer to receivethe Terms and Conditions in another format, please contact [email redacted] REMIT TO: R&K Building Supplies Sales Invoice PO Box 840618 Sale Type Delivered Los Angeles, CA 90084-0618 480-892-0025 Invoice No 3556718 Invoice Date 11/28/2023 SHIPPED FROM: Branch 033060 R&K Window & Door Center R&K Building Supplies NET 30 DAYS Terms 1601 N DELAWARE ST RKJ0227 Customer CHANDLER, AZ 85225-0925 Contact Name Matt Hyde / LOT 5 480-892-6400 Contact Number [number redacted] www.randk.com Job Lot 5-Lomas Verdes Invoice Address ROC# 342448, ROC# 342447, JP Kush Construction LLC ROC# 342483, ROC# 342851 Plot Ref 16420 N 92ND ST STE 223 Your Ref WDC SCOTTSDALE, AZ, 85260-1946 Our Ref 17398685 Taken By Patricia Halloran Sales Rep Patricia Halloran

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Delivery Address: JP Kush Construction LLC, 6409 E Lomas Verdes Dr, Scottsdale, AZ, 85266

Special Instructions Notes

Line Description Qty/Footage Price Per Total

INSTALL TUE 11/14

Install Labor - InstallLabor - Install Labor 800.00

SPECIAL ORDER - EMTEK PO#607965

zz_SOEMTEK_1554 - PART: 5110HECRHUS19 PASSAGE SQ 1 ea 356.00 ea 356.00 ROSETTE HERCULES LEVER RH US 19

SPECIAL ORDER - TRUSTILE PO#607813

zz_SOSLAB_44503 - 31-13/16 X 96 TRMIR1001 SWING PREHUNG 1 ea 1,214.33 ea 1,214.33

zz_SOSLAB_44504 - 23-13/16 X 96 TMIR1001 SWING PREHUNG 1 ea 1,181.79 ea 1,181.79

Handling Fee - HandlingFee - MANUFACTURERS FREIGHT 362.07

The invoice is due on 12/28/2023. Total Amount $3,914.19

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Case No. 2024-02971 US LBM OPERATING CO. 3009, LLC, DBA: R&K Building Supplies, COMPLAINANT, CITATION v. J P Kush Construction LLC, License No. ROC 247343, RESPONDENT.

The Registrar issues this Citation to J P Kush Construction LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 23, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On March 12, 2024, US LBM OPERATING CO. 3009, LLC, DBA: R&K Building Supplies (“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)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services

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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 rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 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. 2024-02971. 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] 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 April 23, 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 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 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).

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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 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 April 8, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors 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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 8, 2024 to: Respondent Certified Mail No: [number redacted] J P Kush Construction LLC 16420 N 92nd St., Ste 223 Scottsdale, AZ 85260

Copy mailed by USPS First Class mail this same date to:

J P Kush Construction LLC 16420 N 92nd St., Ste 223 Scottsdale, AZ 85260 Complainant US LBM OPERATING CO. 3009, LLC DBA: R&K Building Supplies 2150 E Lake Cook Rd Ste 1010 Buffalo Grove, IL 60089 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. 2024-02971 / GM

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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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243