2024A-03112-CHC-ROC Notice of Hearing & Packet MAILED 2024-03112.pdf
2024A-03112-CHC-ROC · Registrar of Contractors · 2024-05-09
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Stephen Bruce Krauss, Case No. 2024-03112 COMPLAINANT, Docket No. 2024A-03112-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Spectra Kitchen And Bath, LLC License No. ROC 334702, 339939, RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for: June 10, 2024 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
The State of Arizona has determined that the licensing and regulation of construction
contractors is a proper state function, and has vested authority in the Registrar of Contractors
to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41, Chapter 6, Article 10. A.R.S. § 32-1156. The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED
The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on 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)(1)
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 May 9, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail May 9, 2024 to: Respondent(s) Spectra Kitchen And Bath, LLC 1530 E Benson Highway Tucson, AZ 85714
Complainant(s) Stephen Bruce Krauss 5201 N. Whitehurst Place Tucson, AZ 85750 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. 2024-03112 /
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
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Stephen Bruce Krauss, Case No. 2024-03112 COMPLAINANT, v. Spectra Kitchen And Bath, LLC CITATION License No. ROC 334702, 339939,
RESPONDENT.
The Registrar issues this Citation to Spectra Kitchen And Bath, 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 15, 2024, Stephen Bruce Krauss (“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)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
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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 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. 2024-03112. 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. 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,
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Respondent’s 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). 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
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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 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/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 5, 2024 to:
Respondent Certified Mail No: [number redacted]
Spectra Kitchen And Bath, LLC 1530 E Benson Highway Tucson, AZ 85714 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 mailed by USPS First Class mail this same date to: Respondent Spectra Kitchen And Bath, LLC 1530 E Benson Highway Tucson, AZ 85714 Complainant Stephen Bruce Krauss 5201 N Whitehurst Place Tucson, AZ 85750 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. 2024-03112
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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 March 11, 2024
To Stephen and Tami Krauss
Recently developing circumstances have made it impossible for Spectra Kitchen and Bath llc to continue our operations. Therefore regrettably, We are unable to initiate and complete the scope of work outlined in your contractual agreement. This is an uncomfortable and unfortunate situation for all parties involved. For our part we have serviced the Southern Arizona community for 20 years and in that time successfully remodeled over 1000 kitchen or bathrooms and amazingly installed over 5000 stone countertops. As a Customer, the concern now is how do you get your job completed and what about the Money you have already given to Spectra. Honestly and unintentionally, there may be some losses on your part but there are some options for you to recoup losses though the Registrar of Contractors Recovery Fund or other Actions that can be taken. Spectra K&B never imagined being in this situation and it sits like a heavy weight on my being. We will help to minimize and mitigate losses. We will effort to supply information and to expedite reasonable solutions. We have Legal Counsel that is helping us to navigate these troubling waters. Right now we are in a flux but are willing to hear and answer your questions. I believe that at this point all inquires and answers should be of record so please contact me here at this email and I will respond. I respect and understand the displeasure and anger anyone may be feeling because of this notice. I can’t change that I can only deal with it.
Respectfully, Jeff Spiri/Owner Krauss/ 5201 N Whitehurst Pl Tucson , AZ 85750
The following is a breakdown of Job Costs
Contract Total 17,179.47 Deposit 9500.00 Balance Due 7679.47 Outstanding Costs; Artesana/Tile 2632.24 Tanzillo/Cabinets 2250.00 Ferguson/Fixtures 1333.61 Tile Install 3500.00 Other Labor 2000.00 Total 11,715.85
Potential Deficit 4036.38 Spectra Kitchen & Bath L.L.C 12/21/23
Mailing Address: Licensed—Bonded—Insured 1530 E. Benson Highway ROC #334702, #339939 Tucson, Arizona 85714 Phone: 520-795-4072 Fax: 520-320-9729
Date: 1/23/24, revised 1/25/24
CUSTOMER: Stephen & Tami Krauss
WORK SITE: 5201 N. Whitehurst Pl
ZIP CODE: 85750 TELEPHONE #: Stephen 520-275-5392 Email:
SCOPE OF WORK: Guest bath Materials All prep work to be done by customer Spectra to install all tile/cabinets/counters
Materials from artesana $2632.24 Shower walls back/left/right o Grey cage nat rett EO9H 23X47 (20 sheets) Shower deco tile for niche at back shower wall o Stellar diamante 4x6 left—36 right—36 (ordered a few extra to be safe) Shower floor o Grey fine grey nat rett EOTE (20 sheets) Bathroom floor o Grey rough grain nat rett EOAY (4 sheets) Above sink on wall o Dal tile UPO8 1x1 deco $1500.56 Labor to install all tile $4950
Vanity cabinet o Lab design laminate-coal comet WXc05 $1500 Laundry cabinet o Lab design laminate-coal comet WXc05 $1700 Countertops-bathroom & laundry o 3cm Broadway black leather quartz Dal tile $2853 o Sink cutout for bathroom o 3cm eased edge detail o Template/fabrication/installation Fixtures Toilet K5172-58 (Kohler-San Soui- Thunder Grey) $901.36 Glass sink K28823-TG3 (Yepsen—translucent Doe ) $432.2 Initial____ Total: $16,469.41 Tax on materials $710.06 Deposit Amt:$9500 A 1.75% surcharge will be added to any CC charges: Progress Due when we start: $5000 TOTAL:$17,179.47 Balance Due at completion:$2679.47 TERMS OF CONTRACT
To ensure a quality installation, we are asking that you review, agree to, and initial each page and sign and date the last page of this contract. Thank you in advance for your assistance and cooperation with this effort.
We typically require a 60-65% deposit on all jobs with possible progress payments and Balance is Due on day of completion. all final punch list items will be considered part of warranty and will be scheduled and completed within 7-14 working days once Spectra Kitchen & Bath L.L.C has received final payment. Any payments received 5 days after completion are subject to interest charges and late fees. We can work out a holdback of up to $500 if things are going to be delayed longer.
We will make every effort to complete your job in a timely manner; however, factors may arise which could push the job out or lengthen the time for completing the job. Also please note that our workers may not be at your job every day depending on what phase we are at and our schedule, also there may be days that only 1 worker is there. Typical kitchens that have counters/cabinetry & construction can take approx. 6-8+ weeks, this does not include time it takes to receive cabinetry & bathrooms can take approx. 4-6 weeks.
Changes made after this Contract is signed may be subject to additional charges and may lengthen the time for job completion. Any add on items after original contract must be paid in full prior to starting the work.
Spectra Kitchen & Bath L.L.C warrants its work against defects in workmanship for a period of 2 years. This does not include material defects.
We strongly recommend that you move all small valuables (IE: Jewelry, watches, cash, credit cards, electronics, collectables etc.) away from the areas that our workmen or others may have purpose be in. Spectra will not be responsible for any non-verifiable loss or damage to such items.
Please note that construction of this nature has many facets and scheduling tradesmen at the appropriate times is always a challenge. To alleviate the problem the owner agrees to allow reasonable access to trades during normal business hours (7am to 4pm). If the owner insists that work be done after normal hours additional hourly & costs will apply.
BUDGET / PROPOSAL As in any remodeling contract, there may be unforeseeable issues. If any issues arise on this project, we will problem solve and seek to remedy them as cost effectively as possible, any additional work needed will be discussed with the homeowner and approved before work is allowed to continue. Any additional work or change/add-on items that needs to be done, we will provide a quote and if accepted full payment will be required for these items.
GENERAL TERMS AND CONDITIONS (Remodel/Construction) Spectra Kitchen & Bath (“Contractor”) and customer agree to the following general terms and conditions:
1. Unless otherwise specifically noted, Contractor shall provide and pay for all labor, materials, equipment tools, machinery, and other services necessary for the proper execution and completion of the project. Contractor’s scope of work is set forth in the Contract and Contractor shall not be obligated to perform additional work unless a Change Order is executed. Changes to the scope of work may be requested, but such work shall not be performed until both parties execute a change order setting forth the price for the change of work and the change order is signed and paid in full before any of the work is started. Initial____ 2. Customer warrants that the property conforms to all zoning, planning, environmental, and other building requirements. Customer warrant that all utilities necessary for the completion of the project are to the property line.
3. Contractor in performing under this Contract, shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, gender, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are dealt with during employment without regard to their race, color, religion, gender, national origin, age, or disability. Such action shall include, but not be limited to the following: Employment, promotion, demotion or transfer, recruitment, or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled, and union labor, or who may perform any such labor or service in connection with this contract. The Contractor further agrees that this clause will be incorporated in all subcontracts entered with suppliers of materials or services or who may perform any labor or services in connection with this contract.
4. Contractor agrees to protect, defend, and indemnify Client from any claims for unpaid work, labor, or materials with respect to Contractor’s performance. The contractor reserves the right to file a Twenty Day Preliminary Lien Notice on all projects.
5. Contractor agrees to perform work in a timely manner based upon an agreed project schedule. Client acknowledges that Contractor designates employees according to project schedules and any change in the project schedule may result in a scheduling conflict. The contractor shall use its best efforts to reasonably accommodate any project schedule change. In the event the project schedule is changed for any reason, Contractor shall not be obligated to perform its work if there is a scheduling conflict and Contractor shall provide Client with a revised schedule for commencement and completion of its work. Any time lost by reason of change in plans or specifications requested by the customers, other acts of customer, weather conditions not reasonably anticipated, or any other conditions that are not within Contractor’s control shall be added to the specified time of completion and the Contractor shall not be liable for such delay.
6. Contractor represents that it now carries and will continue to carry: (i) workers’ compensation insurance in accordance with the laws of the State of Arizona; (ii) automobile liability insurance; and (iii) commercial general liability insurance. Certificates of Insurance will be provided upon request. If the customer (as named on the Contract) requires insurance in excess of the insurance currently carried by Contractor, the difference in the cost of the policy amounts shall be added to the price of the Contract. Customer shall purchase and maintain their own liability insurance, including fire and casualty insurance upon the property, to the full insurable value and shall name the Contractor as an additional insurer.
7. customer acknowledges that this Contract excludes any performance bond required for the project. In the event customer requires Contractor to obtain a bond, the cost of the bond shall be added to the price of the Proposal. Customer shall provide prior written notice to Contractor, stating that a bond is required and the amount of the bond.
SCHEDULING For Counters Time Window for counters: All field template and installation dates will be scheduled directly with the customer with the understanding that a two (2) hour window of time for arrival will be given. The job will be completed during normal business hours,
Monday - Friday, 8-3 PM. typically within 7-14 Business days from template.
Cancellations: Template appointment cancellations require one (1) business day prior notice during normal business hours. This could delay the job up to 7-14 Business days. Installation appointment cancellations require three (3) business days prior notice and will result in the job to be rescheduled. This could delay the job up to 7-14 Business days.
Product Information: Countertop color samples, color card samples and literature may vary from the actual countertop material. In Initial____ addition, please be aware that some countertop colors may require more maintenance. Under ordinary use, darker colors will show dirt, dust, scratches, rubs, fingerprints, and watermarks more readily than lighter colors and patterns.
Final Pricing: After the template, if there are any changes to the original proposal/contract we will update the contract to reflect any changes in pricing.
Cabinets Cabinets must be plumbed, level and secured to the walls and/or floor before installation. If we are not providing & installing cabinets, It is the responsibility of the customer to ensure cabinets are plumb, level and square. The countertop must lie flat within 1/8” to eliminate stress on the corners, cut-outs, and seams. If cabinetry is not level, we will level counters which may cause a gap between cabinets and tops (the gaps can be from 1/8” to sometimes up to ½” +). Customer may want to have the gap with some type of molding that matches the cabinetry by others. All cabinetry and end panels must be completely and permanently installed (set and level) prior to the date the countertops are scheduled to be template/measured. Cabinets resting on top of the countertops (e.g. appliance garage) must be installed after the installation of the countertops.
Adequate Support The surface type and material thickness dictate the amount of overhang permitted on a countertop. The countertop can support an overhang of: 10” (for 2cm, 3cm or 4cm thickness) Any overhang greater than 10” (2cm, 3cm or 4cm thick material) will require straps, brackets or corbels and must be supported by cabinets, an island, knee wall, etc. All overhangs exceeding the above measurements will require brackets, straps, or corbels. All support brackets and corbels supplied by customers must be installed prior to the installation or Spectra can be contracted to provide either steel strap or L bracket support at an additional charge. New or existing cabinets must be structurally sound to withstand the weight of the countertop. Also please note that all overhang measurements are from the face of cabinetry or from pony wall face. If customer wants anything different, we must be notified at template so we can document.
Seams & Cut-Outs Spectra Kitchen & Bath L.L.C will take every precaution and consideration when determining seam location. Considerations include (but not limited to) slab size, customer wants, kitchen layout, site conditions, crew safety, material yield and cabinet structure. Although all seam location needs are considered, the final decision is at the discretion of the fabricator. Seams are always visible. An acceptable seam will be smooth but can be felt. Requesting fewer to no seams could increase your total material needed and labor costs.
Remnants: Spectra Kitchen & Bath L.L.C cannot guarantee that usable pieces will be left from the slabs after fabrication. Therefore, no promise of remnants will be made. Sink cutouts done at the shop will be delivered at installation. The installer will leave any cutouts done “at the job site” with the customer. If a customer requests to have specific remnant saved and held for future work, Spectra Kitchen & Bath L.L.C will hold remnant for a period of 30 days at no charge. Any period over 30 days Spectra cannot guarantee piece will be available. If a customer requests remnant to be held for a period longer than 30 days, customer will need to provide a deposit on the work to be done in the future.
Incidental Damage & Unforeseen Circumstances and Additional Expenses Final wall preparation (i.e. painting, wall papering, etc.) should not be completed prior to installation if at all possible. Care will be exercised during the countertop installation; however, scrapes, punctures, or digs to wall surfaces are possible, as are scratches and scrapes to cabinetry.
These items are considered incidental damage. and are the customer’s responsibility to repair. In most cases, cabinets can be easily repaired with a cabinet touch-up kit. Initial____ During a Remodel some circumstances are undetected until after demolition has occurred. These may include water damage, wood rot, plumbing deficiencies, electrical problems etc. These conditions may also lead to additional costs and time to complete the job.
What to Expect at Template/Measure and Installation All undermount sinks and cooktops must be at job site the day of the template/measure. Farm sinks and slide in cooktops must be installed prior to template. Someone with the ability to make final decisions about selections such as the sink and faucet hole location must be present at installation. Please have all surfaces clear to aid in accurate templating /measuring and installation. Cabinets must be level at the time of installation. It is the responsibly of the customer to ensure cabinets are level. If cabinets are not level, we will shim the tops which will create a gap between the cabinet and counter, this gap will be filled with caulking if less than ¼”, if more than ¼” then we recommend customer getting cabinet trim to cover the gaps. Backsplash wall areas are typically not level. When we install splashes there can be gaps up to 3/8”. We will caulk the areas between splash and wall with one of the colors we carry on our trucks. If another color is requested there will be an additional charge to get it and a trip charge added, also if customer does not like the gap, they can choose to have someone float the wall to make it level.
“Out-of-level” cabinets cannot be determined until the existing countertops are removed. If Spectra Kitchen & Bath L.L.C is removing existing tops please have all surfaces clear. Remove all drawers, utensils, and other items from the base cabinets. Remove all fragile items from the work area. Installation of countertops is a construction process and residual dust should be expected. Please plan a path that you would like the installer to use, keeping in mind that the path must be sufficient size.
Spectra Kitchen & Bath L.L.C will take precautions for dust collection; however, none of these precautions are 100% dust free. You may want to drape/cover area and/or items so that dust is contained to the construction area. Customer must have all appliances and cooktop, sink and faucets on site at day of installation to confirm cutout dimensions and locations and to be sure they fit in the locations provided for them. Customer should plan to be without sink/Dishwasher use for 7- 14 working days M-F days (pending plumbing reconnection). If Spectra is contracted to do demo of existing tops or customer doing their own demo they will be removed at time of template. This is to ensure there are no issues with cabinets etc. If the customer does not want counters removed at this time and wants to wait until a couple days from installation or day of install, customer will be responsible for any tops that do not line up or fit properly. This is why we request all tops being removed at template, so we are assured that we get the best possible fit of the counters. Customers can request that we put plywood temp tops and a temp sink for an addl $275-$375. To prevent the dishwasher from tipping forward when open, the Countertop installer will install a dishwasher strip for connection of the dishwasher. The plumber will connect the dishwasher to this at time of plumbing re-connection. Customer is responsible for arranging plumbing, gas reconnection and/or any electrical work that is needed, unless customer contracts directly with Spectra to do the work. The countertop installer will not reconnect any plumbing, gas, or electrical outlets. If Spectra is contracted to re-connect plumbing, this will be done within 2-3 business days after the counters have been installed. If a tile backsplash is being installed after counters, then we typically wait for tile backsplashes to be completed before re-connection. This is so tile person has the room to work behind sink area. Please note that kitchen sinks do not come with strainer baskets or connections to plumbing. Also, disposals if new ones are purchased, be sure you have electrical cord with it. If Spectra is contracted to install your tile backsplash, the tile & grout will need to be at the home prior to us coming unless we are purchasing it for you. Please note that tile backsplashes typically start 1-2 working days after countertops are installed.
What to Expect with Natural Stone Initial____ Spectra Kitchen & Bath will caulk and seal (if required or if material is pre-sealed by distributor) your countertops upon installation, when needed.
Marble, granite, quartzite, travertine, limestone, and slate are quarried products. Stones are a naturally honed or polished rock, not factory-made or fired. No two pieces are alike and there are inherent variances in all stone. These characteristics may be color and shade variations, irregular markings, voids, pitting, veins, and differences in density causing sheen variations. It is a standard practice to repair some of these variations by one or more of the following methods: waxing, grinding, or filling. Due to normal wear, cracks and voids may appear; these can be readily repaired using floor grout and/or epoxy. All these variations and characteristics are common and present, to some degree. However, these characteristics are part of the natural beauty of the stone and will not impair the function or wearing qualities of the material. To avoid damage caused by tracked-in dirt, place floor mats inside and outside of exterior entryways. Sweep or vacuum regularly to prevent loose dirt from abrading your floor. Tracked-in dirt is abrasive and can mar the flooring surface.
A regular maintenance regimen will help your natural stone be more resistant to scratching and wear. Natural stone, especially polished stone, is sensitive to harsh chemicals. We recommend wiping or mopping stone surfaces with warm water or a pH-balanced neutral cleaner. Rinse the surface thoroughly after washing and dry with a soft cloth. Change the rinse water frequently. Do not use scouring powders or creams; these products contain abrasives that may scratch the surface. Do not use vinegar or any cleaners containing acids or strong alkaline agents. Whether a stone product is sealed or unsealed, all spills must be cleaned up immediately to avoid possible staining and acid burns from citrus juices or acidic liquids. Acid-based foods, such as citrus or tomatoes, can etch into the polish of more delicate stones, such as marble. Do not place hot items, such as pots and pans, on any stone. As a safety precaution, use coasters on countertops. To prevent alkaline and soap-scum buildup, use squeegees in shower areas. Other large surfaces, such as flooring, are best cared for by a licensed maintenance company to protect the natural stone.
A quality impregnating sealer penetrates stone, allows the stone to breathe and permits more of the stone’s natural beauty to shine through. Unsealed stone is more susceptible to absorbing moisture, dirt and cleaning chemicals. Most licensed fabricators strongly recommend that a penetrating sealer be applied soon after installation of slabs.
Due to the nature of stone fabrication, Spectra Kitchen & Bath L.L.C cannot guarantee that a specific slab or part of a slab, from your selection will be used or avoided in a particular area of your installation unless the customer requests this in advance.
Slab Viewing-Natural Stone It is required that you view & select your slab/s and sign the paperwork that is provided by the suppliers.
What to Expect with Engineered Quartz Countertop Engineered Quartz Countertop are made from natural quartz. As a result, variation in quartz color, shade, pattern and size are unique traits to be expected with Engineered Quartz Countertop. Additionally, small blotches or random distribution of particulates are an inherent part of the overall design and composition of the product and are not considered to be defects. Also please note that Quartz samples typically will not match slabs exactly and could have several variations from the slabs in color, shade, pattern.
Cleaning Guidelines & Instructions for Natural Stone A regular maintenance regimen will help your natural stone be more resistant to scratching and wear. Natural stone, especially polished stone, is sensitive to harsh chemicals. We recommend wiping stone surfaces with warm water or a pH-balanced neutral cleaner. Rinse the surface thoroughly after washing and dry with a soft cloth. Change the rinse water frequently. Do not use scouring powders or creams; these products contain abrasives that may scratch the surface. Do not use vinegar or any cleaners containing acids or strong alkaline agents. Whether a stone product is sealed or unsealed, all spills must be cleaned up immediately to avoid possible staining and acid burns from citrus juices or acidic liquids. Acid-based foods, such as citrus or tomatoes, can etch into the polish of any natural Stone but delicate stones, like marble, onyx, limestone and travertine can stain more easily. As a safety precaution, use coasters on countertops.
Initial____ Cleaning Guidelines & Instructions-Quartz Clean all spills and food residue on your countertop surface on a frequent basis. For everyday cleaning simply wipe the surface with water or denatured alcohol only. Quartz is a non-porous material that is highly resistant to stain, scratches, and heat, however it is not stain proof. Please follow the recommended care and maintenance for your everyday cleaning. For more information regarding care and maintenance you can visit the different Brands website, but we recommend the below only.
Heat-Natural Stone Natural Stone is designed to be resistant to heat and can withstand exposure to normal cooking environments without being damaged. Although Natural Stone withstands heat better than most surfacing materials on the market, all surfacing materials, including stone, can be damaged by extreme temperature changes whether prolonged or sudden. It is recommended that you protect your countertop surface from direct heat sources by using placemats, coasters and/or trivets.
Heat-Quartz Engineered Quartz Countertops are designed to be resistant to heat and can withstand exposure to normal cooking environments for brief periods of time without being damaged. Although Engineered Quartz Countertop withstands heat better than most surfacing materials on the market, all surfacing materials, including stone, can be damaged by extreme temperature changes whether prolonged or sudden. It is recommended that you protect your countertop surface from direct heat sources (pots, crockpots, pans or any other items that emit any heat) by using placemats, coasters and/or trivets.
Scratches-Natural Stone Although Natural Stone is one of the hardest minerals/surfaces on earth, Natural Stone can scratch. Natural Stone is not scratch proof. It is recommended to always use a cutting board to protect the surface.
Scratches-Quartz Although Engineered Quartz Countertops are one of the hardest minerals/surfaces on earth, quartz can scratch. Quartz is scratch resistant to normal everyday use but is not scratch proof. It is recommended to always use a cutting board to protect the surface.
Chemical Avoid exposing Natural Stone to any strong chemicals and solvents. It is important to note that some of these chemicals and solvents can be found in household items like paint removers, paint and stain strippers that contain trichloroethane or methylene chloride, nail polish removers, bleach, furniture cleaners, oil soaps, permanent markers or inks, and chemicals with high alkaline/PH levels (oven cleaners, drain openers, etc.). Avoid using cleaning products that contain oils, powders, or abrasives.
8. Client understands and acknowledges that Contractor has certain statutory mechanics’ lien rights, and that Contractor will assert its rights if it is not paid according to this Contract.
Preliminary twenty-day lien notice:
In accordance with Arizona Revised Statutes, Section 33-992.1, this is not a lien. This is not a reflection on the integrity of any contractor or subcontractor.
This Preliminary Twenty Day Lien Notice has been completed by Spectra Kitchen & Bath L.L.C 1530 E. Benson Highway, Tucson, Arizona 85714 (“Claimant”).
You are hereby notified that Claimant has furnished or will furnish labor, professional services, materials, machinery, fixtures, or tools of the following general description: Fabrication and installation of countertops.
NOTICE TO PROPERTY OWNER
If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished, a mechanic’s lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either:
1. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes, Section 33-1008, Subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice before you make payment to your contactor.
Initial____ 2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes, Section 33-1008, Subsection D, paragraphs 2 and 4 signed by the person or firm giving your this notice after you make payment to your contractor.
3. Using any other method or device which is appropriate under the circumstances.
Within ten days of the receipt of this Preliminary Twenty Day Lien Notice, if any payment bond has been recorded in compliance with Arizona Revised Statutes §33-1003, the owner must provide a copy of the payment bond including the name and address of the surety company and bonding agent proving the payment bond to the person who has given the Preliminary Twenty Day Lien Notice. In the event that the owner or other interested party fails to provide the bond information within that ten-day period, the Claimant shall retain lien rights to the extent precluded or prejudiced from asserting a claim against the bond as a result of not timely receiving the bond information.
9. In the event of a conflict between the provisions of the General Terms and Conditions of this Contract and any of the other contract documents between customer and Contractor, the General Terms and Conditions of this Contract shall govern.
“Pursuant to Arizona law we are required to inform you of your right to file a written complaint with the Registrar of Contractors for an alleged violation of the Arizona Revised Statues Section 32-1154, Subsection A. Any complaints must be made within the applicable time period, as set forth in Section 32-1155, Subsection A. The ROC can be contacted at (520)628-6345, or online at http://www.azroc.gov. We request that if any portion of our work is unsatisfactory, you notify us prior to filing a complaint so we can attempt to resolve any concerns.”
10. The parties shall make every effort to resolve any dispute without formal legal proceedings. Where appropriate, the parties shall use professional mediation services in Pima County Arizona before formal, legal proceedings begin. If litigation should become necessary, all litigation proceedings will be conducted in Pima County Arizona, in accordance with the laws of the State of Arizona. We have read these terms and agree with the conditions listed above.
I have read and understand this Contract and its terms. My signature authorizes Spectra Kitchen & Bath L.L.C to do the work as specified above.
Signature: _____________________________________________________ Date__________
Initial____ 4/17/24, 8:12 AM State of Arizona Mail - Written Answer to Citation and Complaint
Answers - AZROC <[email redacted]>
Written Answer to Citation and Complaint message
Jeff Spiri <[email redacted]> Tue, Apr 16, 2024 at 5:59 PM To: [email redacted]
Hello this statement is in response to Citation / Case No. 2024-03112.
I have surrendered my licenses to ROC. There is no need for Inspection on this job as no work has been started or completed. Spectra Kitchen and Bath has terminated activity and will be filing a Bankruptcy action shortly. I have legal Counsel. Mr. Matthew Foley, [email redacted] Thank you, Jeff Spiri
https://mail.google.com/mail/b/AEoRXRS8KChKAaZZX8gdYQVf8Bgnv8nCv8YhlFyXvpWH3YZgKBpi/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3