2024A-03160-CHC-ROC Notice of Hearing & Packet MAILED 2024-03160.pdf

2024A-03160-CHC-ROC · Registrar of Contractors · 2024-06-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Tyler Peterson , Case No. 2024-03160

COMPLAINANT, Docket No. 2024A-03160-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Murray Renovation LLC License No. ROC 324399,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

August 6, 2024 1:00 PM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on June 3, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated June 19, 2024.

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

Copy mailed via USPS First Class mail June 19, 2024 to:

Respondent(s) Murray Renovation LLC 218 East Broadway Road Mesa, AZ 85210

Complainant(s) Tyler Peterson 7064 West Lone Tree Trail, Peoria, AZ 85383

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. 2024-03160 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Complainant: Tyler Peterson 7064 West Lone Tree Trail, Peoria, AZ 85383

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Murray Renovation LLC DBA: Bingham Restoration 218 East Broadway Road Mesa, AZ 85210

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 March 20, 2024

Re: Complaint No. 2024-03160

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for April 1, 2024 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Jobsite Inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Tyler Loren Peterson Mailing Address (Enter jobsite in Contract/Project section) City State Zip

7064 West Lone Tree Trail, Peoria Arizona 85383 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Murray Renovation LLC ROC 324399 Street Address City State Zip

218 East Broadway Road Mesa AZ 85210 Phone Number Email

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

Josh Schnurr;Ray Vallera Contract/Project Information Contract Date Contract Amount Amount Paid

February 23, 2023 $41,366.74 $37,267.69 Date Work Started Date Work Stopped Date Work Was Completed

February 27, 2023 May 11, 2023 May 11, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

7064 west lone tree trail peoria AZ 85383 Name of Construction Site Owner Construction Site Name (if applicable)

Tyler Peterson My home Phone Number of Construction Site Owner Email of Construction Site Owner

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

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? Yes Murray renovation has attempted to correct floors twice The contract was Written All change orders were Written This project was Residential This project involved Remodel

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

They have failed to install floors correctly for the second time. Damaged our foundation. Lied about being able to place LVP directly on concrete slab without bad results. Misrepresented the cost of LVP instead of laminate which was in the bid. Installed floors directly on concrete with no vapor barrier, unlevel floors, incorrect spacing. Allegations Listed on Complaint:

Concrete foundation chipped out in an attempt to level floors, not fixed or leveled correctly

LVP or resilient floors placed directly on concrete slab without any sort of notice that this would have bad results

Misrepresented the cost of LVP in place of laminate flooring per contract bid

Attempts to level concrete has resulted in the floors being more unlevel

Stated to myself and manufacturer that a vapor barrier was installed. no vapor barrier installed

Did not follow manufacturer specs for installing flooring

Incorrect spacing per manufacturer around edges not allowing for expansion/contraction

Second attempt of laying floors has failed

Flooring has hollow spots underneath from the floors being unlevel per manufacturer

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

Tyler Loren Peterson \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Case no. 2024-03160

Dan Edwards, 4/1/2024 1 7064 west lone tree trail JSI PHOTOS

LVP floating floor is failing, complainant has various concerns related to installation and subfloor prep Case no. 2024-03160

Dan Edwards, 4/1/2024 2 7064 west lone tree trail JSI PHOTOS

Floors do not appear to meet manufacturer’s flatness requirements Case no. 2024-03160

Dan Edwards, 4/1/2024 3 7064 west lone tree trail JSI PHOTOS

Floors do not appear to meet manufacturer’s flatness requirements Case no. 2024-03160

Dan Edwards, 4/1/2024 4 7064 west lone tree trail JSI PHOTOS

Floors vary in flatness by >1/8” in a span of less than 6’. Case no. 2024-03160

Dan Edwards, 4/1/2024 5 7064 west lone tree trail JSI PHOTOS

Floors vary in flatness by >1/8” in a span of less than 6’. Case no. 2024-03160

Dan Edwards, 4/1/2024 6 7064 west lone tree trail JSI PHOTOS

Expansion gap at back door slider appears to be insufficient Case no. 2024-03160

Dan Edwards, 4/1/2024 7 7064 west lone tree trail JSI PHOTOS

Floor is curling/peaking at joints throughout the installation Case no. 2024-03160

Dan Edwards, 4/1/2024 8 7064 west lone tree trail JSI PHOTOS

Floor is curling/peaking at joints throughout the installation Case no. 2024-03160

Dan Edwards, 4/1/2024 9 7064 west lone tree trail JSI PHOTOS

Expansion gaps beneath dishwasher appear to be insufficient Jobsite Inspection Notes

Case No.: 2024-03160 Investigator: Daniel Edwards Inspection Date: April 1, 2024 Inspection Time: 9:00 AM

Complainant: Tyler Peterson Respondent: Murray Renovation Not Present: LLC Not Present:

Jobsite General Notes:

Present at inspection was Tyler Peterson (complainant), Michael Peterson (complainant’s father), and Ray Vallera (project manager for respondent). Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20240401 JSI Photos 2024-03160."

Compliance Item: 1 - Concrete foundation chipped out in an attempt to level floors, not fixed or leveled correctly Investigator’s Observation: Product appears to be Lux Flooring - SPC vinyl plank (Pacific Acres collection, color: Beach). Per the manufacturers installation instructions, "All subfloors including concrete substrates must be flat 3/16” in 10’ or 1⁄8” in 6’." At inspection, a 6' straight edge was utilized and it was observed that the floor flatness appears to vary my more than 1/8" in spans less than 6' throughout the home. Examples where floors appear to vary >3/16" were observed as well. Complainant pointed out a specific area in the kitchen where concrete repairs took place which appears to be out of spec and does not appear flat enough. Respondent shall ensure the subfloor complies with the manufacturer's installation requirements by appropriate means. Governing Rule: Violation of any rule adopted by the

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

Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - LVP or resilient floors placed directly on concrete slab without any sort of notice that this would have bad results Investigator’s Observation: Per the manufacturer's installation instructions, "CONCRETE SUBFLOOR REQUIREMENTS: Minimum of 6 mil black vapor barrier overlap 6" and up 6" on stem walls and properly sealed & or taped, with no exposure to the earths/or grade." Respondent shall ensure installation includes the required vapor barrier by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - Incorrect spacing per manufacturer around edges not allowing for expansion/contraction Investigator’s Observation: Per the manufacturer's installation instructions, "Use spacers along each wall to maintain an expansion of space of 5/16” to 3⁄8” in between the wall and the flooring." It does not appear that an adequate expansion space is present in some areas (such as the rear slider door and beneath the dishwasher in the kitchen). Respondent shall ensure adequate expansion space is provided per the manufacturer's requirements by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

ITEMS NOT REQUIRING CORRECTION:

Compliance Item: 3 - Misrepresented the cost of LVP in place of laminate flooring per contract bid Investigator’s Observation: Allegation refers to a financial dispute

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

outside of the Registrar's jurisdiction. Governing Rule: N/A

Compliance Item: 4 - Attempts to level concrete has resulted in the floors being more unlevel Investigator’s Observation: Allegation is a duplicate of concerns addressed in compliance item no. 1. Governing Rule: N/A

Compliance Item: 5 - Stated to myself and manufacturer that a vapor barrier was installed. no vapor barrier installed Investigator’s Observation: Allegation is a duplicate of concerns addressed in compliance item no. 2. Governing Rule: N/A

Compliance Item: 6 - Did not follow manufacturer specs for installing flooring Investigator’s Observation: Allegation is a general statement; specific deficiencies are addressed as separate allegations. Governing Rule: N/A

Compliance Item: 8 - Second attempt of laying floors has failed Investigator’s Observation: Allegation is a general statement; specific deficiencies are addressed as separate allegations. Governing Rule: N/A

Compliance Item: 9 - Flooring has hollow spots underneath from the floors being unlevel per manufacturer Investigator’s Observation: Some hollow spots are common in floating floor installations. Issues with the overall flatness of the subfloor is addressed in compliance item no. 1. Governing Rule: N/A

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

Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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

Complainant: Tyler Peterson 7064 West Lone Tree Trail, Peoria, AZ 85383

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Murray Renovation LLC DBA: Bingham Restoration 218 East Broadway Road Mesa, AZ 85210

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 10, 2024

License No. ROC 324399

Re:Complaint No. 2024-03160

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on May 3, 2024.

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 less than 6' throughout the home. Examples where floors appear to vary >3/16" were observed as well. Complainant pointed out a specific area in the kitchen where concrete repairs took place which appears to be out of spec and does not appear flat enough. Respondent shall ensure the subfloor complies with the manufacturer's installation requirements by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item: 3 - Misrepresented the cost of LVP in place of laminate flooring per contract bid Investigator’s Observation: Allegation refers to a financial dispute outside of the Registrar's jurisdiction. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 8 - Second attempt of laying floors has failed Investigator’s Observation: Allegation is a general statement; specific deficiencies are addressed as separate allegations. Governing Rule: N/A

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Daniel Edwards Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Tyler Peterson 7064 West Lone Tree Trail, Peoria, AZ 85383

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

C012 12/23 Respondent: Murray Renovation LLC DBA: Bingham Restoration 218 East Broadway Road Mesa, AZ 85210

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

C012 12/23 May 10, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-03160

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Wednesday, May 15, 2024 at 10:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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

C012 12/23 Case no. 2024-03160

Dan Edwards, 5/15/2024 1 7064 W Lone Tree Trail JSI PHOTOS

Floors between the kitchen island and fridge still out of manufacturer spec for flatness Case no. 2024-03160

Dan Edwards, 5/15/2024 2 7064 W Lone Tree Trail JSI PHOTOS

Manufacturer requires no more than 1/8” difference in flatness across a 6’ span – variation of > ¼” is present in this area Case no. 2024-03160

Dan Edwards, 5/15/2024 3 7064 W Lone Tree Trail JSI PHOTOS

All other areas inspected appear within spec Case no. 2024-03160

Dan Edwards, 5/15/2024 4 7064 W Lone Tree Trail JSI PHOTOS

All other areas inspected appear within spec Case no. 2024-03160

Dan Edwards, 5/15/2024 5 7064 W Lone Tree Trail JSI PHOTOS

All other areas inspected appear within spec Case no. 2024-03160

Dan Edwards, 5/15/2024 6 7064 W Lone Tree Trail JSI PHOTOS

Insufficient expansion gap at back door Case no. 2024-03160

Dan Edwards, 5/15/2024 7 7064 W Lone Tree Trail JSI PHOTOS

Insufficient expansion gap at back door Case no. 2024-03160

Dan Edwards, 5/15/2024 8 7064 W Lone Tree Trail JSI PHOTOS

Insufficient expansion gap at front door Case no. 2024-03160

Dan Edwards, 5/15/2024 9 7064 W Lone Tree Trail JSI PHOTOS

Insufficient expansion gap at front door Case no. 2024-03160

Dan Edwards, 5/15/2024 10 7064 W Lone Tree Trail JSI PHOTOS

Complainant has concerns that baseboards have been compromised by removing/resetting them, unable to substantiate a violation Case no. 2024-03160

Dan Edwards, 5/15/2024 11 7064 W Lone Tree Trail JSI PHOTOS

Complainant believes baseboards have been damaged, area located behind furniture, unable to substantiate whether this was the pre-existing condition of the baseboards or directly caused by respondent’s workmanship. Unable to substantiate a violation. Complainant: Tyler Peterson 7064 West Lone Tree Trail, Peoria, AZ 85383

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Murray Renovation LLC DBA: Bingham Restoration 218 East Broadway Road Mesa, AZ 85210

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-03160 Investigator: Daniel Edwards Inspection Date: Wednesday, May 15, 2024 Inspection Time: 10:00 AM

Compliance Jobsite General Notes:

Present at inspection was Tyler Peterson (complainant) and Ray Vallera (project manager for respondent). Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20240515 CJSI Photos 2024-03160."

Compliance Findings:

At compliance inspection the following observations were made:

• Compliance item no. 1 – The area in the kitchen located between the kitchen island and fridge appeared to vary in flatness by >1/4” in a span of 6’ (manufacturer requirements call for no more than 1/8” variation in a 6’ span and no more than 3/16” variation in a 10’ span). All other areas inspected appear to be within the manufacturer’s specifications. Due to the area between the fridge and island being out of spec, this issue appears to be unresolved. • Compliance item no. 2 – A vapor barrier has been installed, per all parties. Complainant has concerns that portions of the barrier may not have a sufficient overlap, however, the barrier is beneath the vinyl floorcoverings and unable to be inspected. I am currently unable to verify that an actionable issue exists related to this compliance item at this point in time. • Compliance item no. 7 – The sections of flooring adjacent to the front door and back door do not appear to have a sufficient expansion gap (manufacturer calls for a gap of 5/16” to 3/8”). Work does not appear to comply with manufacturer specifications and this item appears unresolved.

In summary, compliance items 1 and 7 appear to be unresolved as of the date of compliance inspection.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Sincerely,

Daniel Edwards, Investigator #218 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Tyler Peterson Case No. 2024-03160 COMPLAINANT, v. Murray Renovation LLC CITATION License No. ROC 324399,

RESPONDENT.

The Registrar issues this Citation to Murray Renovation LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 18, 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).

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 THE WRITTEN COMPLAINT On March 16, 2024, Tyler Peterson (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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. 2024-03160. 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 June 18, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint,

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

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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 June 3, 2024. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 3, 2024 to:

Respondent Certified Mail No: [number redacted]

Murray Renovation LLC 218 East Broadway Road Mesa, AZ 85210

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

Murray Renovation LLC 218 East Broadway Road Mesa, AZ 85210 Complainant Tyler Peterson 7064 West Lone Tree Trail, Peoria, AZ 85383

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. 2024-03160 / <<CreatedBy_DW>

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 02/24/2023 Date of original contract: ______________________

Tyler Peterson Customer Name:_____________________________

CHANGE ORDER REQUEST

This is an agreement between the undersigned homeowner and contractor to approve and carry out work that is substantially different than the original project scope. Both parties understand that the requested changes, as specified below, may alter the project’s price and schedule. It is also understood that any differences in the estimated costs due to this change order will be separate from the regular payment schedule and paid in advance as per change order clause in the original contract. Contractor will provide all labor and material for the following: ______________________________________________________________________ Murray Renovation agrees to properly repair the following items to be within Arizona ROC standards: ______________________________________________________________________ Bullnose drywall corners to match the existing size, texture & shape of old bullnose corners. Texture & paint on walls too. ______________________________________________________________________ Flooring will be removed to start over with floor leveling. All baseboards will be replaced with real wood base and corners ______________________________________________________________________ All Quarter round in den and in kitchen will be replaced & properly installed with new matching color quarter round ______________________________________________________________________ legs on island will be properly secured to top and have an adjustable extension added to fit correctly. ______________________________________________________________________ Damaged Front security screen door will be replaced. Murray will have someone clean up the front porch and yard area of debris ______________________________________________________________________ Some items have to be ordered so we are at the mercy of shipping for install dates. We will move as quickly as possible to finish by April 21, 2023

No Changes Total Labor and Material Costs: _____________________________________________

No Changes Previous Contract Amount: _________________________________________________

No Changes New Contract Amount:_____________________________________________________

Does change affect schedule? _______________________________________________ Yes

Number of days added:_____________________________________________________

Approved:_______________________________________________________________ (Homeowner/Agent) (Date)

Approved: ______________________________________________________________ (Contractor/Agent) (Date)

Murray Renovation LLC (480) 719 - 6054 ROC # 324399 Thank you for agreeing to accept messages and documents electronically for the duration of this claim. Here are the terms and conditions for electronic communication with you.

USAA Reference Number: [number redacted] - 1

Dear Mr. Peterson,

Please see attached for additional information. · Documentation of all costs. · The completion date for work done and replacement date of any items replaced.

What Happens if the Repair Cost Exceeds the Insurance Estimate? You must provide us a copy of your estimate if the expected cost of repair or replacement is greater than our estimate. We must agree to any increased amount before you have the repair or replacement completed; otherwise, you may pay more out of pocket than necessary to repair or replace your damaged property.

Questions About Your Settlement?

While we’ve processed your claim, we’re here for you if you have any questions during the repair process. You can still use the USAA Mobile App, Claims Center, or claim email address to: · Communicate with your adjuster · Submit a supplement for additional damage or costs · Submit your final invoice for recoverable depreciation payment (if applicable)

Get answers to commonly asked questions here: Watch: Review commonly asked claim settlement questions

Mortgagee Clause All policies insuring a dwelling contain a mortgagee clause that requires protection of a lender’s interest in the mortgaged property. Accordingly, your mortgage company is being included as a payee on the check. Because lenders differ in their criteria for ensuring repairs to the property, please contact your mortgage company’s insurance division for further instructions and provide them a copy of the repair estimate. We can’t intervene with your lender on your behalf due to privacy laws.

This loss settlement is an estimate of what it will cost to repair the covered property based on damages evident at the time of the adjuster’s inspection or assessment. If during the course of repairs, you discover additional damages not included in this estimate, it is your duty under the insurance policy to promptly notify us and allow us the opportunity to inspect the additional damages. It is also your responsibility under the insurance policy to take reasonable and necessary steps to prevent further damage to covered property.

Important Legal Information Your policy's Suit Against Us Provision prohibits you from taking any action against us unless you’ve given us notice of the loss, complied with all policy provisions and started legal action within two (2) years from the date of loss. However, an insurer must show prejudice from the delay in filing suit unless the insurer has clearly stated the limits of its liability and its refusal to recognize any further liability under the policy. Nangle v. Farmers Insurance Co. of Arizona 205 Ariz. 517 (2003).

$34,778.07 - Actual Cash Value Payment (Dwelling Repairs) has been issued made payable to SHANNON M PETERSON AND TYLER L PETERSON and ROCKET MORTGAGE, LLC and will be mailed to: SHANNON M PETERSON AND TYLER L PETERSON 7064 W LONE TREE TRL PEORIA, Arizona 85383

The USAA Claim Estimate is attached for your review.

$913.90 - Pack Out Payment has been issued made payable to EHMKE LAW PLC and SHANNON M PETERSON AND TYLER L PETERSON and will be mailed to: EHMKE LAW PLC PO BOX 6629 MESA, Arizona 85216

[number redacted] - 001 - 0001 - 01 54582-1222

$9,806.43 - Mitigation Payment made payable to ROCKY MOUNTAIN RESTORATION and SHANNON M PETERSON AND TYLER L PETERSON and will be mailed to: ROCKY MOUNTAIN RESTORATION 5111 E INDIGO ST STE 109 MESA, Arizona 85205

Your claim will be closed at this time and will be re-opened as warranted.

Should you have any questions, please contact me at (800) 531-8722 ext. 66276.

Thanks for trusting USAA with your claim and thanks for your continued USAA membership.

How to Contact Us Please send any correspondence or questions to us using one of the following options and include the claim number on each page:

usaa.com or our mobile app: Upload documents or post a secure message to your claim file through the Claim Communication Center.

Email: Send an email or attachments to your claim file at [email redacted]. Do not send private information via this channel.

Address: USAA Claims Department P.O. Box 33490 San Antonio, TX 78265

Fax: 1-800-531-8669

Phone: 1-800-531-8722

USAA is committed to providing excellent service and delivering on our mission to facilitate your financial security.

Sincerely,

William 19532 - PROPERTY - COS Unit 1 OFFICE USAA General Indemnity Company

USAA means United Services Automobile Association (USAA) and its affiliates. Property and casualty insurance is provided by United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property and Casualty Insurance Company, USAA County Mutual Insurance Company, Noblr Reciprocal Exchange, USAA Limited, USAA S.A. and USAA S.A. UK Branch.

Attached: REVISED USAA STAFF ESTIMATE -BILL MCKINNEY

cc : Tyler L Peterson

[number redacted] - 001 - 0001 - 01 54582-1222

USAA PO BOX 33490 San Antonio, TX 78265 800-531-8722 800-531-8669 Fax 1/25/2023 Insured: PETERSON, SHANNON Cell: (805) 501-5176 Property: 7064 W Lone Tree Trl Other: (480) 793-0988 Peoria, AZ 85383 E-mail: [email redacted] Home: 7064 W LONE TREE TRL PEORIA, AZ 85383

Claim Rep.: Bill McKinney Business: (210) 531-8722 x 66276 Business: 9800 Fredericksburg Rd San Antonio, TX 78288

Estimator: Bill McKinney Business: (210) 531-8722 x 66276 Business: 9800 Fredericksburg Rd San Antonio, TX 78288

Member Number: [number redacted] Policy Number: [number redacted]/90A L/R Number: 001 Type of Loss: WTR-PLB Cause of Loss: Other Insurance Company: USAA General Indemnity Company Coverage Deductible Policy Limit Dwelling $2,000.00 $437,000.00 Contents $0.00 $327,750.00 Other Structures $0.00 $43,700.00 Loss of Use $0.00 $0.00

Date Contacted: 1/23/2023 4:48 PM Date of Loss: 12/10/2022 12:00 AM Date Received: 1/23/2023 12:00 AM Date Inspected: Date Entered: 1/23/2023 4:48 PM Date Est. Completed: 1/25/2023 1:12 PM

Price List: AZPH8X_JAN23 Restoration/Service/Remodel

Summary for Dwelling Line Item Total 33,477.21 Material Sales Tax 994.91

Subtotal 34,472.12 Overhead 3,447.31 Profit 3,447.31

Replacement Cost Value $41,366.74 Less Depreciation (4,588.67)

Actual Cash Value $36,778.07

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 2

Less Deductible (2,000.00)

Net Claim $34,778.07

Total Recoverable Depreciation 4,588.67

Net Claim if Depreciation is Recovered $39,366.74

Bill McKinney Property Adjuster

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 3

“FOR YOUR PROTECTION ARIZONA LAW REQUIRES THE FOLLOWING STATEMENT TO APPEAR ON THIS FORM. ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS IS SUBJECT TO CRIMINAL AND CIVIL PENALTIES.” AZ STAT. §20-466.03

FREQUENTLY ASKED QUESTIONS

The FAQs and answers below will be helpful in the claim process. If there is any conflict between these answers and the policy, your policy controls. Please read your policy.

How is my initial Dwelling payment determined? Subject to the applicable deductible and policy conditions, Dwelling payments are generally based on the cost to repair or replace the damaged property with similar construction and for the same use on the same premises. When the cost to repair or replace the damaged dwelling exceeds $10,000, USAA will pay a portion of the claim up front (the actual cash value of the loss), and the balance (recoverable depreciation) when the repairs are complete.

How do I collect the recoverable depreciation? You can provide evidence of a signed contract or repair/replace the damaged part of the property. Once the signed contract or the invoice for repair/replacement has been received, the recoverable depreciation amount will be reviewed and released. The policy will pay the covered additional amount you incurred to repair or replace the property, but not to exceed the approved replacement cost of your claim. In no case will USAA pay more than the total amount of the actual repairs less your policy deductible. If your replacement cost is less than $50,000.00, a signed contract will suffice for the release your recoverable depreciation amount.

Why is the mortgage company or another entity included on this payment? If your check includes the name of your mortgage company it is because we are required to include them on our payment to you, per the mortgage clause on your policy. The check must be presented to them for their endorsement prior to submitting it to our bank for payment. Incomplete endorsements will result in the check being returned without payment. Please contact us if the mortgagee information is incorrect so that we may update that information and issue a correct payment to you. This estimate serves as the adjuster worksheet/adjuster report that may be required by your mortgage company.

What if I’m not going to repair or replace my damaged property using the same material? Please contact us if you choose to repair or replace the damaged building part with a different material or type of construction from what is on our estimate. Replacement or repair differing from the original estimate could affect any replacement cost claim you are otherwise eligible to collect.

What if my contractor’s estimate is different from USAA’s estimate? Show the USAA estimate to your contractor. If your contractor’s estimate is higher, please contact USAA prior to starting the repairs to your home as the additional charges may not be covered.

THIS ESTIMATE REPRESENTS ITEMS THAT HAVE BEEN REVIEWED AND APPROVED BY USAA OR ITS REPRESENTATIVE. Please contact our adjuster if you believe a supplement to this estimate is needed. Before we will consider a supplement to this estimate, we must have the opportunity to re-inspect the damages prior to the supplemental work being done.

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 4

Recap of Taxes, Overhead and Profit

Overhead (10%) Profit (10%) Material Sales Tax Storage Rental Tax Local Food Tax (3%) (8.6%) (8.6%)

Line Items 3,447.31 3,447.31 994.91 0.00 0.00

Total 3,447.31 3,447.31 994.91 0.00 0.00

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 6

CONTINUED - Garage

Description Quantity Unit Price RCV Depreciation ACV 11. Final cleaning - construction - Residential F 440.43 SF 0.34 149.75 (0.00) 149.75 12. Contents - move out then reset - Extra large room 1.00 EA 225.38 225.38 (0.00) 225.38

Totals: Garage 1,409.99 134.73 1,275.26

10" 2' 6" 11" Laundry Room Height: 8' 1' 11" 1' 9"

7" 180.00 SF Walls 42.88 SF Ceiling 222.88 SF Walls & Ceiling 42.88 SF Floor 7' 11" 8' 5"

Laundry Room 6' 2" 6'

4.76 SY Flooring 21.67 LF Floor Perimeter 8" 2' 6" 2' 3" 26.67 LF Ceil. Perimeter 10"

Door 2' 6" X 6' 8" Opens into GARAGE Door 2' 6" X 6' 8" Opens into KITCHEN__LIV

Description Quantity Unit Price RCV Depreciation ACV

13. Detach & Reset Washer/Washing Machine - Top-loading 1.00 EA 53.44 53.44 (0.00) 53.44 14. Dryer - Remove & reset - gas 1.00 EA 152.49 152.49 (0.00) 152.49 15. Concrete grinding F 42.88 SF 3.04 130.36 (0.00) 130.36 To Remove old thinset not removed during mitigation 16. Batt insulation - 6" - R19 - unfaced batt 28.00 SF 1.19 33.32 (2.41) 30.91 17. 1/2" - drywall per LF - up to 2' tall 14.00 LF 11.53 161.42 (2.16) 159.26 Includes: Drywall, metal corner bead, joint/texture compound (mud), joint tape, drywall screws, and labor to install. 18. Texture drywall - machine 38.00 SF 0.71 26.98 (0.19) 26.79 Overage to Blend 19. Seal the surface area w/PVA primer - one coat 38.00 SF 0.64 24.32 (1.71) 22.61 Overage to Blend 20. Paint the walls - two coats W 180.00 SF 1.05 189.00 (33.75) 155.25

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 7

CONTINUED - Laundry Room

Description Quantity Unit Price RCV Depreciation ACV 21. Carpenter - Finish, Trim / Cabinet - per hour 2.00 HR 85.30 170.60 (0.00) 170.60 Additional labor to remove face frame from old cabinet box, also allows time to detach butcher block top from existing cabinet. Detach and reset does not exist for butcher block so we are utilizing labor and install line items 22. Baseboard - 7 1/4" PF 21.67 LF 6.63 143.67 (8.52) 135.15 23. Seal & paint baseboard, oversized - two coats PF 21.67 LF 1.72 37.27 (2.76) 34.51 24. Casing - 2 1/4" 14.00 LF 2.61 36.54 (2.02) 34.52 25. Seal & paint casing - two coats 34.00 LF 1.64 55.76 (3.32) 52.44 26. Cabinetry - lower (base) units 4.00 LF 257.57 1,030.28 (254.48) 775.80 27. Re-skin toe kick 4.00 LF 9.21 36.84 (4.27) 32.57 28. Seal & paint cabinetry - lower - faces only 4.00 LF 22.76 91.04 (10.50) 80.54 29. Install Countertop - wood - butcher block (hardrock maple) 8.00 SF 41.33 330.64 (0.00) 330.64 30. Tile floor covering F 42.88 SF 9.81 420.65 (30.81) 389.84 Includes Waste 31. Mortar bed for tile floors F 42.88 SF 4.35 186.53 (14.28) 172.25 32. Grout sealer F 42.88 SF 1.06 45.45 (5.15) 40.30 33. Final cleaning - construction - Residential F 42.88 SF 0.34 14.58 (0.00) 14.58 34. Interior door - Detach & reset - slab only 0.5 0.50 EA 25.27 12.64 (0.00) 12.64

Totals: Laundry Room 3,383.82 376.33 3,007.49

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 8

10' 8" 10' 4" Den Height: 8'

3' 6" 3' 2" 327.78 SF Walls 118.47 SF Ceiling 4' 10" Den 446.25 SF Walls & Ceiling 118.47 SF Floor 12' 6" 12' 2"

13.16 SY Flooring 40.17 LF Floor Perimeter 1' 9"

3' 45.00 LF Ceil. Perimeter 2' 5"

2' 10" 7' 4" Bathroom

Missing Wall - Goes to Floor 4' 10" X 6' 8" Opens into KITCHEN__LIV

Description Quantity Unit Price RCV Depreciation ACV

35. 1/2" - drywall per LF - up to 2' tall 12.00 LF 11.53 138.36 (1.85) 136.51 Includes: Drywall, metal corner bead, joint/texture compound (mud), joint tape, drywall screws, and labor to install. 36. Add for bullnose (rounded) corners - per LF 12.00 LF 4.15 49.80 (0.78) 49.02 37. Texture drywall - light hand texture 35.00 SF 1.01 35.35 (0.32) 35.03 Overage to Blend 38. Seal the surface area w/PVA primer - one coat 35.00 SF 0.64 22.40 (1.58) 20.82 Overage to Blend 39. Paint the walls - two coats - 2 colors W 327.78 SF 1.31 429.39 (61.46) 367.93 Includes the Trim Board (Wainscotting) 40. Trim board - 1" x 4" - installed (pine) 24.00 LF 4.11 98.64 (4.49) 94.15 41. Trim board - 1" x 6" - installed (pine) 18.00 LF 5.48 98.64 (5.71) 92.93 42. Finish Carpenter - per hour 6.00 HR 85.30 511.80 (0.00) 511.80 Labor to cut and install Wainscotting 43. Remove Engineered wood flooring 50.75 50.75 SF 3.87 196.40 (0.00) 196.40 44. Engineered wood flooring F 118.47 SF 9.76 1,156.27 (218.58) 937.69 Includes Waste 45. Add for glued down application over concrete substrate F 118.47 SF 3.66 433.60 (11.37) 422.23 46. Quarter round - 3/4" PF 40.17 LF 1.98 79.54 (3.94) 75.60 47. Seal & paint base shoe or quarter round PF 40.17 LF 0.86 34.55 (3.31) 31.24 48. Final cleaning - construction - Residential F 118.47 SF 0.34 40.28 (0.00) 40.28

Totals: Den 3,325.02 313.39 3,011.63

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 11

CONTINUED - Kitchen/ Living Room

Description Quantity Unit Price RCV Depreciation ACV Hallway 67. Seal & paint casing - two coats 34.00 LF 1.64 55.76 (3.32) 52.44 68. Quarter round - 3/4" 65.00 LF 1.98 128.70 (6.37) 122.33 Includes 69. Seal & paint baseboard w/cap &/or shoe, oversized- 2 coats 65.00 LF 2.09 135.85 (15.11) 120.74 70. Paint the walls - two coats W 961.91 SF 1.05 1,010.01 (180.36) 829.65 71. Dishwasher - Detach & reset 1.00 EA 258.79 258.79 (0.00) 258.79 72. Refrigerator - Remove & reset 1.00 EA 54.92 54.92 (0.00) 54.92 73. Range - gas - Remove & reset 1.00 EA 177.41 177.41 (0.00) 177.41 74. Final cleaning - construction - Residential F 591.07 SF 0.34 200.96 (0.00) 200.96

Totals: Kitchen/ Living Room 13,881.42 1,453.40 12,428.02

Pantry Height: 8' 1' 2" 2' 6" 1' 3" 8"

146.71 SF Walls 27.05 SF Ceiling 1'

" " 1'

173.76 SF Walls & Ceiling 27.05 SF Floor 5' 1" 5' 9"

Pantry 4' 1" 4' 7"

3.01 SY Flooring 17.92 LF Floor Perimeter 4' 10" 7" 20.42 LF Ceil. Perimeter 5' 2" 11"

Door 2' 6" X 6' 8" Opens into KITCHEN__LIV

Description Quantity Unit Price RCV Depreciation ACV

75. R&R Engineered wood flooring F 27.05 SF 13.63 368.69 (49.91) 318.78 Includes Waste 76. Add for glued down application over concrete substrate F 27.05 SF 3.66 99.00 (2.60) 96.40 77. Baseboard - Detach & reset PF 17.92 LF 3.17 56.81 (0.00) 56.81

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 12

CONTINUED - Pantry

Description Quantity Unit Price RCV Depreciation ACV 78. Base cap or shoe / Quarter round - Detach & reset PF 17.92 LF 1.79 32.08 (0.00) 32.08 79. Paint baseboard w/cap &/or shoe, oversized - 2 coats PFK 17.92 LF 2.04 36.56 (4.84) 31.72 80. Interior door - Detach & reset - slab only 1.00 EA 25.27 25.27 (0.00) 25.27 81. Final cleaning - construction - Residential F 27.05 SF 0.34 9.20 (0.00) 9.20

Totals: Pantry 627.61 57.35 570.26

Bathroom Height: 8' 3' 1' 2' 6" 2" 2' 5"

2' 10" 1' 2" 186.00 SF Walls 40.00 SF Ceiling La 226.00 SF Walls & Ceiling 40.00 SF Floor 6' 2"

Bathroom 6'

4.44 SY Flooring 22.83 LF Floor Perimeter 3' 9" 3' 11"

6' 8" 25.33 LF Ceil. Perimeter 7' 2"

Door 2' 6" X 6' 8" Opens into KITCHEN__LIV

Description Quantity Unit Price RCV Depreciation ACV

82. Concrete grinding F 40.00 SF 3.04 121.60 (0.00) 121.60 Grind off old thinset not removed during mitigation 83. R&R Angle stop valve 3.00 EA 42.95 128.85 (3.24) 125.61 84. R&R Plumbing fixture supply line 3.00 EA 27.57 82.71 (15.41) 67.30 85. P-trap assembly - Detach & reset 0.5 0.50 EA 66.17 33.09 (0.00) 33.09 86. Toilet - Reset 1.00 EA 165.42 165.42 (0.00) 165.42 87. 1/2" - drywall per LF - up to 2' tall PF 22.83 LF 11.53 263.23 (3.52) 259.71 Includes: Drywall, metal corner bead, joint/texture compound (mud), joint tape, drywall screws, and labor to install. 88. Texture drywall - light hand texture 55.00 SF 1.01 55.55 (0.50) 55.05 Overage to Blend

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 13

CONTINUED - Bathroom

Description Quantity Unit Price RCV Depreciation ACV 89. Seal the surface area w/PVA primer - one coat 55.00 SF 0.64 35.20 (2.48) 32.72 Overage to Blend 90. Paint the walls - two coats W 186.00 SF 1.05 195.30 (34.88) 160.42 91. Baseboard - 7 1/4" PF 22.83 LF 6.63 151.36 (8.97) 142.39 92. Seal & paint baseboard, oversized - two coats PF 22.83 LF 1.72 39.27 (2.91) 36.36 93. Casing - 2 1/4" 14.00 LF 2.61 36.54 (2.02) 34.52 94. Seal & paint casing - two coats 17.00 LF 1.64 27.88 (1.66) 26.22 95. Vanity 3.00 LF 237.21 711.63 (172.54) 539.09 96. Seal & paint cabinetry - lower - faces only 3.00 LF 22.76 68.28 (7.88) 60.40 97. Re-skin toe kick 3.00 LF 9.21 27.63 (3.20) 24.43 98. Cabinet panels - side, end, or back 6.00 SF 17.10 102.60 (13.84) 88.76 99. Carpenter - Finish, Trim / Cabinet - per hour 2.00 HR 85.30 170.60 (0.00) 170.60 Additional labor to remove face frame from old cabinet box, also allows time to detach marble top from existing cabinet. 100. Countertop - solid surface/granite - Reset 6.00 SF 16.57 99.42 (0.00) 99.42 101. Backsplash - solid surface - Unattached - Reset 2.00 LF 2.58 5.16 (0.00) 5.16 102. Tile floor covering F 40.00 SF 9.81 392.40 (28.74) 363.66 Includes Waste 103. Mortar bed for tile floors F 40.00 SF 4.35 174.00 (13.32) 160.68 104. Grout sealer F 40.00 SF 1.06 42.40 (4.80) 37.60 105. Final cleaning - construction - Residential F 40.00 SF 0.34 13.60 (0.00) 13.60 106. Interior door - Detach & reset - slab only 0.5 0.50 EA 25.27 12.64 (0.00) 12.64

Totals: Bathroom 3,156.36 319.91 2,836.45

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 14

5' 6" Stairs Height: 17' 162.25 SF Walls 16.50 SF Ceiling 178.75 SF Walls & Ceiling 30.75 SF Floor Stairs 3' Up

3.42 SY Flooring 13.44 LF Floor Perimeter 11.00 LF Ceil. Perimeter

Missing Wall 3' X 17' Opens into KITCHEN__LIV 3' 2" Subroom: Landing (2) Height: 12' 6" 158.33 SF Walls 20.06 SF Ceiling 3'

178.39 SF Walls & Ceiling 20.06 SF Floor 6' 4" 6' 8"

2.23 SY Flooring 12.67 LF Floor Perimeter 3'

12.67 LF Ceil. Perimeter

Missing Wall 3' X 12' 6" Opens into STAIRS Missing Wall 3' X 12' 6" Opens into STAIRS2

5' 6" Subroom: Stairs2 (1) Height: 12' 6" 112.75 SF Walls 16.50 SF Ceiling Up

129.25 SF Walls & Ceiling 30.75 SF Floor 3' 8"

3.42 SY Flooring 13.44 LF Floor Perimeter 11.00 LF Ceil. Perimeter

Missing Wall 3' X 12' 6" Opens into LANDING

Description Quantity Unit Price RCV Depreciation ACV

107. Final cleaning - construction - Residential F 81.56 SF 0.34 27.73 (0.00) 27.73

Totals: Stairs 27.73 0.00 27.73

Total: Main Level 33,314.19 3,520.95 29,793.24

Labor Minimums Applied

Description Quantity Unit Price RCV Depreciation ACV

108. Miscellaneous concrete labor minimum 1.00 EA 163.02 163.02 (0.00) 163.02

Totals: Labor Minimums Applied 163.02 0.00 163.02

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 15

Line Item Totals: PETERSON___SHANNON1 33,477.21 3,520.95 29,956.26

Grand Total Areas: 4,135.82 SF Walls 1,621.66 SF Ceiling 5,757.48 SF Walls and Ceiling 1,650.16 SF Floor 183.35 SY Flooring 394.18 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 443.98 LF Ceil. Perimeter

1,650.16 Floor Area 1,724.05 Total Area 3,435.49 Interior Wall Area 1,796.17 Exterior Wall Area 176.00 Exterior Perimeter of Walls

0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 16

Recap by Room

Estimate: PETERSON___SHANNON1

Area: Main Level 207.52 0.62% Garage 1,409.99 4.21% Laundry Room 3,383.82 10.11% Den 3,325.02 9.93% Entry/ Family Room 7,294.72 21.79% Kitchen/ Living Room 13,881.42 41.47% Pantry 627.61 1.87% Bathroom 3,156.36 9.43% Stairs 27.73 0.08%

Area Subtotal: Main Level 33,314.19 99.51% Labor Minimums Applied 163.02 0.49%

Subtotal of Areas 33,477.21 100.00%

Total 33,477.21 100.00%

0901119cb4f38651 USAA PETERSON, SHANNON 1/25/2023 Page: 17

Recap by Category with Depreciation

O&P Items RCV Deprec. ACV APPLIANCES 697.05 697.05 CABINETRY 2,685.40 448.33 2,237.07 CLEANING 561.06 561.06 CONCRETE & ASPHALT 414.98 414.98 CONTENT MANIPULATION 225.38 225.38 GENERAL DEMOLITION 207.52 207.52 DOORS 50.55 50.55 DRYWALL 1,458.70 18.63 1,440.07 FLOOR COVERING - CERAMIC TILE 1,261.43 97.10 1,164.33 FLOOR COVERING - WOOD 17,484.37 2,028.93 15,455.44 FINISH CARPENTRY / TRIMWORK 2,701.62 65.48 2,636.14 INSULATION 40.46 2.93 37.53 PLUMBING 410.07 18.65 391.42 PAINTING 5,278.62 840.90 4,437.72 O&P Items Subtotal 33,477.21 3,520.95 29,956.26 Material Sales Tax 994.91 302.82 692.09 Overhead 3,447.31 382.45 3,064.86 Profit 3,447.31 382.45 3,064.86

Total 41,366.74 4,588.67 36,778.07

This estimate serves as the adjuster worksheet/adjuster report that may be required by your mortgage company.

0901119cb4f38651 RECEIVED LEGAL 6/06/2024

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint- Case No. 2024-03160 Josh Schnurr <[email redacted]> Thu, Jun 6, 2024 at 10:28 AM To: [email redacted]

Good morning,

I have included photos showing the action taken to resolve the install issues with the flooring. Murray Renovations license should not be suspended due to the actions we took to correct the issues and following the manufacturers specs for the install of the flooring. Please see the attached photos.

I would also like to formally file a complaint against Envision Interiors license as they are the company whom actually performed the install of this flooring. Murray Renovation is the GC on this project, we hired Envision Interiors to install the flooring. Envision Interiors is an independently owned and operated business operating under their own license.

Envision Interiors Seth Huffman- Owner- 928-308-4242- Cell ROC- 316177

3415 S McClintock Dr STE 101 Tempe, AZ 85282 602-362-0231- Office

Best Regards,

Josh Schnurr

General Manager

480-697-5448

Murray Renovation

Your Restoration and Remodeling Specialists

attachments RECEIVED LEGAL 6/06/2024

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[number redacted].jpg 689K RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 RECEIVED LEGAL 6/06/2024 Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint- Case No. 2024-03160 Answers - AZROC <[email redacted]> Thu, Jun 6, 2024 at 3:44 PM To: Josh Schnurr <[email redacted]>

Hello,

I will process your Answer and this matter will be set for hearing.

To file a complaint, as you indicated, please go to ROC.AZ.GOV and click on "File a Complaint" to get all the required information to the Compliance Department so they can investigate.

Thank you.

Mary Coyne, CP Paralegal Manager Arizona Registrar of Contractors Legal Department 602-542-1525 602-771-6794 [Quoted text hidden] -- Thank you.

Registrar of Contractors Legal Department 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