2024A-03278-NPC-ROC Notice of Hearing & Packet MAILED 2024-03278.pdf

2024A-03278-NPC-ROC · Registrar of Contractors · 2024-05-31

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

A S A P Door Repair and Service Inc., Case No. 2024-03278

COMPLAINANT, Docket No. 2024A-03278-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Apostle Builders Inc. License No. ROC 297602,

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

HEARING INFORMATION The hearing is set for:

July 15, 2024 1:00 PM Amy Haley 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 30, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

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

1156(B).

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

HEARING PROCEDURES AND RULES

The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

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

HEARING PACKET

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

certain documents to the parties and the Office of Administrative Hearings. These documents

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a

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

CHANGING THE HEARING DATE

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

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

be changed by filing a written agreement of the parties to change the date of the hearing. The

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated May 31, 2024.

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

Copy mailed via USPS First Class mail May 31, 2024 to:

Respondent(s) Apostle Builders Inc. 15754 W Christy Dr. Surprise, AZ 85379

Complainant(s) A S A P Door Repair and Service Inc. PO Box 11422 Glendale, AZ 85318

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. 2024-03278 /

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

4/5/24, 10:07 AM State of Arizona Mail - Delivery Status Notification (Failure)

Tedi Quezada <[email redacted]>

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The response was:

550 5.1.1 The email account that you tried to reach does not exist. Please try double-checking the recipient's email address for typos or unnecessary spaces. For more information, go to https://support.google.com/mail/?p=NoSuchUser fx6-20020a0561222a4600b004c03ee37800sor634752vkb.4 - gsmtp

Final-Recipient: rfc822; [email redacted] Action: failed Status: 5.1.1 Diagnostic-Code: smtp; 550-5.1.1 The email account that you tried to reach does not exist. Please try 550-5.1.1 double-checking the recipient's email address for typos or 550-5.1.1 unnecessary spaces. For more information, go to 550 5.1.1 https://support.google.com/mail/?p=NoSuchUser fx6-20020a0561222a4600b004c03ee37800sor634752vkb.4 - gsmtp Last-Attempt-Date: Fri, 05 Apr 2024 09:51:05 -0700 (PDT)

---------- Forwarded message ---------- From: Tedi Quezada <[email redacted]> To: undisclosed-recipients:; Cc: Bcc: [email redacted] Date: Fri, 5 Apr 2024 09:50:25 -0700 Subject: Case 2024-03278 - Notice of No-Pay Complaint - DO NOT REPLY ----- Message truncated -----

https://mail.google.com/mail/u/0/?ik=b3c9c6c218&view=pt&search=all&permthid=thread-a:r1351833727677121374%7Cmsg-f:[number redacted]… 1/1 April 5, 2024

Via U.S. Mail and Email

Complainant A S A P Door Repair and Service Inc. PO Box 11422 Glendale, AZ 85318

Via U.S. Mail and Email

Respondent Apostle Builders Inc. 15754 W Christy Dr. Surprise, AZ 85379

Re: Complaint No. 2024-03278

Dear Complainant and Respondent:

The Registrar received a complaint filed against Apostle Builders Inc. for non- payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by April 12, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

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

The Registrar will not issue a citation before April 12, 2024 and will review Respondent’s response, if one is submitted.

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

Sincerely,

/s/ Tedi Quezada _________________ Tedi Quezada

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Legal Department 1700 W Washington St. Ste. 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 03/18/2024 2024-03278 Received by Investigations 03/18/2024 2024-03278 Received by Investigations 03/18/2024 2024-03278 Received by Investigations 03/18/2024 2024-03278 Received by Investigations 03/18/2024 2024-03278 Received by Investigations 03/18/2024 2024-03278 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-03278 A S A P Door Repair and Service Inc.,

COMPLAINANT, v. CITATION Apostle Builders Inc. License No. ROC 297602,

RESPONDENT.

The Registrar issues this Citation to Apostle Builders Inc. (“Respondent”) under A.R.S.

§ 32-1155(A). If Respondent fails to answer this Citation by May 15, 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 18, 2024, A S A P Door Repair and Service Inc. (“Complainant”) filed a

written complaint with the Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the

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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 licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-03278. 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 May 15, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides 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 deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). 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

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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 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 30, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 30, 2024 to:

Respondent Certified Mail No: [number redacted]

Apostle Builders Inc. 15754 W Christy Dr. Surprise, AZ 85379

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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 Copy mailed by USPS First Class mail this same date to: Respondent Apostle Builders Inc. 15754 W Christy Dr. Surprise, AZ 85379 Complainant A S A P Door Repair and Service Inc. PO Box 11422 Glendale, AZ 85318 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. 2024-03278/tq

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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 April 5, 2024

Via U.S. Mail and Email

Complainant A S A P Door Repair and Service Inc. PO Box 11422 Glendale, AZ 85318

Via U.S. Mail and Email

Respondent Apostle Builders Inc. 15754 W Christy Dr. Surprise, AZ 85379

Re: Complaint No. 2024-03278

Dear Complainant and Respondent:

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

The Registrar will not issue a citation before April 12, 2024 and will review Respondent’s response, if one is submitted.

Sincerely,

/s/ Tedi Quezada _________________ Tedi Quezada

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Legal Department 1700 W Washington St. Ste. 105 Phoenix, AZ 85007

Answers - AZROC <[email redacted]>

Case 2024-03278 - Citation and Complaint messages

Scott Rudolph <[email redacted]> Tue, Apr 30, 2024 at 11:38 AM To: [email redacted]

Who can I speak to about this?

If you have any questions or concerns please contact me.

Regards, Scott Rudolph Direct 623-776-6545

Apostle Builders Inc.

Picture

ROC 297602

P.O. Box 7399 Surprise, AZ 85374

Answers - AZROC <[email redacted]> Tue, Apr 30, 2024 at 11:48 AM To: Scott Rudolph <[email redacted]>

Good morning. If you have questions, please call our office at 602-542-1525 and select the prompt for the Legal Department. Anyone should be able to answer your questions. [Quoted text hidden] -- Thank you.

Registrar of Contractors Legal Department

https://mail.google.com/mail/b/AEoRXRT3vRYdQ1PXxptDGlDy9f_5YL07dr4cImnEh-yRfw8aFdIC/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 Received 5/14/2024 Apostle Builders Inc. ROC Legal

P.O. Box 7399 Surprise, AZ 85374 KB1 Dual-ROC 297602 Direct 623-776-6545 Tuesday, May 14, 2024

Response TO: Registrar Of Contractors Of The State Of Arizona Attention: Legal Department Address: 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007-2812 RE: ASAP Door and Repair Service Inc. Project Address: 14149 West McDowell Rd Goodyear, AZ 85395

Regarding: Response to said complaint

Case 2024-03278 - Citation and Complaint Events as they occurred and Additional Costs Incurred by Apostle Builders due to ASAP Door Repair and Service Inc. Failure to complete their scope of work as outlined.

Date Monday, September 25, 2023 Site Walk ASAP to Walk with Apostle Builders Rep to Verify Material Order and Site Conditions Jeff Grieshaber with ASAP Verifies site conditions and parameters along with provided Material Order. Jeff gives approval of Material Order "AS IS with NO Exceptions". This is verified by Matthew Nelson - General Manager at ASAP Doors (See letter Dated Monday, February 12, 2024 - Line Item 1 - "On Monday, September 25th, our salesman Jeff was out to verify your door order will work for your install. It was confirmed this door will work." Letter Attached and High Lighted Date Friday, September 29, 2023 Material Order is placed per Jeff's (ASAP) approval NO MODIFICATIONS TO THE ORDER WERE MADE Date Friday, November 3, 2023 Material Order produced per ASAP Approval and Delivered to Job Site Materials Checked to Original Material List and are confirmed and matched up. Date Wednesday, November 8, 2023 Scheduled Installation Date of Approved Material Order a. ASAP installers Maxwell and William Arrive on site as scheduled to begin demo and installation per their proposal. b. As ASAP installers begin to start, they notice that the Material Order matches up to the actual materials and then inform Apostle Builders Rep that the approved and verified order will not work or fit. c. Apostle Office receives a call from our on site representative with the "Issue". d. Apostle Operation Manager (OP) travels to site to review issues with ASAP Rep's Maxwell and William e. Upon arrival, ASAP Rep's state actual materials will not work. Apostle OM reviews original order previously approved by Jeff/ASAP to actual and confirms materials are correct and match up to the original Order. Apostle OM states that the order was not checked to the existing correctly and will need to be modified to work. And that those costs will be forwarded to ASAP as a Deductive Change Order to ASAP. f. During this discovery the ASAP installers claim that Jeff/ASAP was not qualified to approve this material order, was not qualified to review the scope and site conditions, and Jeff did not know what he was dong and has since been fired from ASAP. (It was later confirmed by Matthew Nelson - General Manager at ASAP Doors to be completely FALSE during a phone call between Scott/Apostle and Matthew Nelson on Monday, February 12 at 11:20am. Call Lasted 30 mins 37 sec.) Received g. ASAP Reps Maxwell and William offer to provide pricing to fix the problem. This is rejected on site5/14/2024 by Apostle OM. Maxwell and William remeasure the existing and do provide NEW dimensions forROC the Legal door frame and transom. See attached. These are the measurements that are used to rework the Frame and Transom. Costs at this time are unknown for the modifications. h. After new dimensions are provide by and agreed upon by ASAP Reps. Maxwell and William attempt to inform Apostle OM that there will be a trip charge. THIS IS DENIED ON THE SPOT. In fact they are told it is just the opposite. ASAP was responsible for the material verification to begin with, the order was placed based upon that verification and no modifications were made to it. The fault is ASAP totally and completely and the impact is to be determined at a later time based upon how the modifications will be done. It was later confirmed that the ASAP Field Reps did not convey any of this to their Project Manager John LaBounty or to their General Manager Matthew Nelson. This was confirmed by the General Manager during a phone conversation with Scott Rudolph on Monday, February 12 at 11:20am. Call Lasted 30 mins 37 sec. i. Apostle additional costs for mismeasurements of original order, trip charge to site and stand by time due to ASAP. Deductive Change Order to ASAP Doors $ 587.50 Date Friday, November 10, 2023 Visit Supplier to review potential options for modifications and go over "NEW' measurements. Engage in discussions, coordination and correspondence with supplier and manufacture to make necessary modifications to Frame/Transom/Door based upon ASAPs Modified measurements of the frame, door and transom. Deductive Change Order to ASAP Doors $ 350.00 Date Monday, November 13, 2023 Pick up and delivery of materials for modification to supplier. Included but not limited to the following: Drive time and transportation vehicle, security check in and out, loading and unloading time, transportation time to supplier, stand by time, unloading and returning to the yard. Deductive Change Order to ASAP Doors $ 560.00 Date Tuesday, November 14, 2023 Receive and respond to Email from supplier regarding options from manufacturer. Manufactures option is not cost effective and would take too long to do. Approximate cost $1200- $1500 dollars and take 3-4 weeks. Phone conversation: Talked to Branch Manager at Supplier. We discussed the option to modify the header of the frame and the transom only. This way the door does not have to be modified at all and because the frame is a three piece frame that is welded we can grind the welds and the Bondo out of the top corners and cut the frame legs down to the new size that ASAP has given (deduct 2 3/4" from the TOP of the frame legs), prep the frame to receive the existing header piece and reassemble, weld and Bondo frame like new. Then cut the top off of the transom panel down proportionally to match (again the TOP of the transom) and be modified to still work with the newly sized frame. Thus reducing the amount of time and costs on the repair to a minimum and to expedite the modification so we can get the project done quicker with the least amount of cost impact and disruption while still using the new door without modification to it. This allows us to not have to modify the entire assembly or provide all new as suggested by ASAP (Ridiculous Suggestion). Branch Manager to confer with the Shop Foreman to verify that is can be done and get back to us. Deductive Change Order to ASAP Doors $ 175.00 Date Thursday, November 16, 2023 Phone conversation: MODIFICATION FEE ONLY Supplier Branch Manager calls and confirms that the proposed modifications can be made and are directed to proceed with said modifications. Costs to be forwarded to ASAP as a deductive change order to their contract. Deductive Change Order to ASAP Doors $ 675.45 100 101 Date Friday, December 8, 2023 102 Phone conversation: 103 Branch Manager says: "Modifications will be completed today and you can pick up frame and transom 104 Monday Morning." Received 105 5/14/2024 ROC Legal 106 Date Monday, December 11, 2023 107 Scheduled Pick up and delivery of materials modified by supplier based upon previous phone call. 108 Delivery Driver shows up and Order is not Ready as we were told. This is also a Deductive change 109 Order. This is a result of the mismeasurement of the existing and the original material order 110 verification by Jeff/ASAP. 111 112 113 Deductive Change Order to ASAP Doors $ 420.00 114 115 Date Tuesday, December 12, 2023 116 Scheduled Pick up and delivery of materials modified by supplier based upon email. 117 Pick up and delivery of materials from supplier and deliver to Jobsite. 118 Included but not limited to the following: Drive and transportation vehicle, security check in and out, loading and 119 unloading time, transportation time to supplier, stand by time, unloading and returning to the yard. 120 121 Deductive Change Order to ASAP Doors $ 560.00 122 123 Date Saturday, January 13, 2024 124 Rescheduled Installation Date of Modified Material Order 125 a. ASAP installers arrive on site to begin demo and installation per their original proposal and site walk 126 by Jeff Grieshaber with ASAP. 127 b. ASAP installers start off by standing around and begin with trying to claim that this project was not 128 bid correctly by Jeff Grieshaber with ASAP. Again they start with the materials are not correct and 129 were ordered wrong or modified incorrectly. 130 c. Here are a list of "CLAIMS" by ASAP Installers - In no particular order. These are ASAP Reps 131 attempts to charge more money and delay install. 132 1 Frame is wrong - P&D, Thickness FALSE 133 2 Conditions are not per the original proposal FALSE 134 3 Jamb thicknesses do not match up FALSE 135 4 Masonry Anchors won't work FALSE 136 5 Welded Jamb Flat Clips are wrong and won't work. FALSE 137 6 Conditions around door jamb don't match their scope and proposal FALSE 138 7 Not enough Time bid to do this project FALSE 139 8 We will need more materials than what was estimated FALSE 140 9 The previous ASAP Employees did not know what they were looking at FALSE 141 10 Here is a Change Order for $1,118.47 for additional costs REJECTED FALSE 142 11 ASAP to Apostle Supervisor - Sign here for the Change Order before we can proceed REJECTED 143 144 12 ASAP Caused - Stand around time using delay tactics and wasting time for all TRUE 145 d. Apostle Operation Manager (OM) receives a 911 call to discuss and come to the site to review issues 146 and problems 147 e. Apostle Operation Manager (OM) reviews all of the claimed issues and attempts to "Up Charge" or 148 Extort us for additional costs for al work that is already included in ASAP's Original Scope of Work. 149 150 f. Apostle OM reviews each concern with ASAP Reps and shows that everything was part of the 151 Original Scope to ASAP Installers - Responses below 152 1 Checked and Confirmed Frame to Original Order and then to Modification Measurements 153 Provided ASAP 154 2 Site conditions are exactly as they were with no exceptions 155 3 Jamb thickness is absolutely correct - Old frame has so many coats of paint on it appears 156 to be different. It is not. 157 4 Masonry Anchors were provided by Supplier but not needed - Jamb has welded flat clips - 158 It is a multipurpose frame. Verified on the Original Materials list Approved by Jeff/ASAP 159 160 5 Welded Jamb Flat Clips are approved for this type of assembly and do work just not 161 preferred by the installers. 162 6 Conditions have not changed and all concerns were addressed when Jeff/ASAP walked and 163 bid the job. 164 7 The amount of time bid is more than enough time and if that is your opinion quit standing 165 around wasting it. 6 hours two guys bid - Completed in less that 4 hours it two guys. See 166 emails and project documentation for confirmation. 167 8 We were not provided with a list of materials that were included with ASAP's Bid and 168 ASAP's bid was turn-key and on them. NOTE: NO ADDITIONAL MATERIAL WERE 169 NEEDED OR REQUIRED Received 170 5/14/2024 This is now the second time we have heard this from ASAP. It Appears no one there does. ROC Legal 171 Quit with your excuses and get your job done. 172 10 Change Order for $1,118.47 is denied but attempted by ASAP to extort additional monies 173 for what was already covered under their Original Scope of Work. 174 175 11 ASAP Rep tried to get a NON-Authorized field employee to sign for it and he refused. 176 ASAP also sent the CO to Apostle via email to get a signature and it was also denied. This 177 was a fraudulent attempt to up-charge for work already covered under their scop of work. 178 179 12 Total Stand-By time, travel time, and Trip Charge costs due to ASAP delay and Upcharge 180 tactics and excuses 181 Deductive Change Order to ASAP Doors $ 540.00 182 Taxes: $ 205.00 183 TOTAL Deductive Change Orders/Costs to ASAP Doors $ 4,072.95 184 185 ASAP's Original Contract Amount: $ 2,469.74 186 ASAP's Change Order for Saturday Work: $ 2,154.36 187 ASAP's Total Contract Amount: $ 4,624.10 188 189 Balance Owed to ASAP Doors Minus Deductions: $ 551.15 190 191 At every moment of ASAP's time on site they have attempted to use extortionary tactics to up charge for wasted time 192 that they have caused by accident or intentionally whether it was mis-measuring the existing frame to the Original 193 Material list that was provided to them or trying to misrepresent the actual conditions as being way out of the realm 194 of their original scope of work. ASAP field techs have repeatedly lied, misrepresented the facts, misled the Owner, 195 Apostle's on Stie Supervisor and Apostle's Operations Manager and generally just wasted hours upon hours of our 196 time and theirs with absolutely no concern. ASAP bid the work to be performed during specific times of the day 197 (Which they physically walked at that time of the day to see the pedestrian traffic that would have to be delt with 198 prior to providing a price and Jeff/ASAP told us it was not big deal and that they were used to it, it's what we do) 199 and with the materials and conditions of the project to only came back and claim the ASAP Rep before them "did 200 not know what they were doing or looking at" and even went as far as to say - Maxwell - "Jeff was were fired for 201 his incompetence" to justify trying to Change Order us for the work covered under their original scope of work. 202 ASAP Field Reps have NEVER communicated accurately or completely in any way to ASAP's General Manager 203 Matthew Nelson. This was confirmed by Matthew Nelson by phone on Monday, February 12 at 11:20am. Call 204 Lasted 30 mins 37 sec. 205 206 We have made repeated attempts to discuss and work this out with various ASAP personnel by phone and emails 207 back and forth. ASAP will not take any responsibility for their lack of competence, their lying, their fraudulent/false 208 attempts at change orders. Purposely slowing down, interrupting or even stopping work to try and force these false 209 change orders. 210 211 We have included our previously submitted documentation as well and have adjusted our Deductive Change Orders 212 to reflect actual costs associated with the delays, disruptions, delivery costs, modification cost. What we haven't 213 included are all additional costs associated with all rebuttals to these false charges and accusations by ASAP Doors 214 and reserve the right to do so at any time. 215 216 217 218 Emailed: [email redacted]

Respectfully Submitted,

Scott Rudolph Operations Manager Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal

Apostle Builders Inc. P.O. Box 7399 Surprise, AZ 85374 KB1 Dual-ROC 297602 Direct 623-776-6545 Tuesday, May 14, 2024

CHANGE ORDER LEDGER TO: ASAP Door and Repair Service Inc. Attention: Matthew Nelson - General Manager Address: 5122 W Whispering Wind Dr. Glendale, AZ 85310 RE: McLane Trucking - Door removal and installation Project Address: 14149 West McDowell Rd Goodyear, AZ 85395

Regarding: Additional Costs Associated with the Original Measurement and Verification of Site conditions/Material Order

All costs, impacts and delays caused by and or a result of ASAP Field Reps. Events as they occurred and Additional Costs Incurred by Apostle Builders due to ASAP Door Repair and Service Inc. Failure to complete their scope of work as outlined.

ASAP Original Contract Amount: $ 2,469.74 Deductive Change Order #1 D.C.O.#1 $ (587.50) Date Wednesday, November 8, 2023 ASAP's ADJUSTED CONTRACT AMOUNT: $ 1,882.24 Scheduled Installation Date of Approved Material Order a. ASAP installers Maxwell and William Arrive on site as scheduled to begin demo and installation per their proposal. b. As ASAP installers begin to start, they notice that the Material Order matches up to the actual materials and then inform Apostle Builders Rep that the approved and verified order will not work or fit. c. Apostle Office receives a call from our on site representative with the "Issue". d. Apostle Operation Manager (OP) travels to site to review issues with ASAP Rep's Maxwell and William e. Upon arrival, ASAP Rep's state actual materials will not work. Apostle OM reviews original order previously approved by Jeff/ASAP to actual and confirms materials are correct and match up to the original Order. Apostle OM states that the order was not checked to the existing correctly and will need to be modified to work. And that those costs will be forwarded to ASAP as a Deductive Change Order to ASAP. f. During this discovery the ASAP installers claim that Jeff/ASAP was not qualified to approve this material order, was not qualified to review the scope and site conditions, and Jeff did not know what he was dong and has since been fired from ASAP. (It was later confirmed by Matthew Nelson - General Manager at ASAP Doors to be completely FALSE during a phone call between Scott/Apostle and Matthew Nelson on Monday, February 12 at 11:20am. Call Lasted 30 mins 37 sec.) g. ASAP Reps Maxwell and William offer to provide pricing to fix the problem. This is rejected on site by Apostle OM. Maxwell and William remeasure the existing and do provide NEW dimensions for the door frame and transom. See attached. These are the measurements that are used to rework the Frame and Transom. Costs at this time are unknown for the modifications. h. After new dimensions are provide by and agreed upon by ASAP Reps. Maxwell and William attempt to inform Apostle OM that there will be a trip charge. THIS IS DENIED ON THE SPOT. In fact they are told it is just the opposite. ASAP was responsible for the material verification to begin with, the order was placed based upon that verification and no modifications were made to it. The fault is ASAP totally and completely and the impact is to be determined at a later time based upon how the modifications will be done. It was later confirmed that the ASAP Field Reps did not convey any of this to their Project Manager John LaBounty or to their General Manager Matthew Nelson. This was confirmed by the General Manager during a phone conversation with Scott Rudolph on Monday, February 12 at 11:20am. Call Lasted 30 mins 37 sec. i. Apostle additional costs for mismeasurements of original order, trip charge to site and stand by time due to ASAP. Received 5/14/2024 ROC Legal

ASAP's ADJUSTED BALANCE: $ 1,882.24 Deductive Change Order #2 D.C.O.#2 $ (350.00) Date Friday, November 10, 2023 ASAP's ADJUSTED CONTRACT AMOUNT: $ 1,532.24 Visit Supplier to review potential options for modifications and go over "NEW' measurements. Engage in discussions, coordination and correspondence with supplier and manufacture to make necessary modifications to Frame/Transom/Door based upon ASAPs Modified measurements of the frame, door and transom. ASAP's ADJUSTED BALANCE: $ 1,532.24 Deductive Change Order #3 D.C.O.#3 $ (560.00) Date Monday, November 13, 2023 ASAP's ADJUSTED CONTRACT AMOUNT: $ 972.24 Pick up and delivery of materials for modification to supplier. Included but not limited to the following: Drive time and transportation vehicle, security check in and out, loading and unloading time, transportation time to supplier, stand by time, unloading and returning to the yard. ASAP's ADJUSTED BALANCE: $ 972.24 Deductive Change Order #4 D.C.O.#4 $ (175.00) Date Tuesday, November 14, 2023 ASAP's ADJUSTED CONTRACT AMOUNT: $ 797.24 Receive and respond to Email from supplier regarding options from manufacturer. Manufactures option is not cost effective and would take too long to do. Approximate cost $1200- $1500 dollars and take 3-4 weeks. Phone conversation: Talked to Branch Manager at Supplier. We discussed the option to modify the header of the frame and the transom only. This way the door does not have to be modified at all and because the frame is a three piece frame that is welded we can grind the welds and the Bondo out of the top corners and cut the frame legs down to the new size that ASAP has given (deduct 2 3/4" from the TOP of the frame legs), prep the frame to receive the existing header piece and reassemble, weld and Bondo frame like new. Then cut the top off of the transom panel down proportionally to match (again the TOP of the transom) and be modified to still work with the newly sized frame. Thus reducing the amount of time and costs on the repair to a minimum and to expedite the modification so we can get the project done quicker with the least amount of cost impact and disruption while still using the new door without modification to it. This allows us to not have to modify the entire assembly or provide all new as suggested by ASAP (Ridiculous Suggestion). Branch Manager to confer with the Shop Foreman to verify that is can be done and get back to us. ASAP's ADJUSTED BALANCE: $ 797.24 Deductive Change Order #5 D.C.O.#5 $ (675.45) Date Thursday, November 16, 2023 ASAP's ADJUSTED CONTRACT AMOUNT: $ 121.79 Phone conversation: MODIFICATION FEE ONLY Supplier Branch Manager calls and confirms that the proposed modifications can be made and are directed to proceed with said modifications. Costs to be forwarded to ASAP as a deductive change order to their contract. ASAP's ADJUSTED BALANCE: $ 121.79 Deductive Change Order #6 D.C.O.#6 $ (420.00) Date Monday, December 11, 2023 ASAP's ADJUSTED CONTRACT AMOUNT: $ (298.21) Scheduled Pick up and delivery of materials modified by supplier based upon previous phone call. Delivery Driver shows up and Order is not Ready as we were told. This is also a Deductive change Order. This is a result of the mismeasurement of the existing and the original material order verification by Jeff/ASAP. ASAP's ADJUSTED BALANCE: $ (298.21) Deductive Change Order #7 D.C.O.#7 $ (560.00) 100 Date Tuesday, December 12, 2023 ASAP's ADJUSTED CONTRACT AMOUNT: $ (858.21) 101 Scheduled Pick up and delivery of materials modified by supplier based upon email. 102 Pick up and delivery of materials from supplier and deliver to Jobsite. 103 Included but not limited to the following: Drive and transportation vehicle, security check in and out, loading and 104 unloading time, transportation time to supplier, stand by time, unloading and returning to the yard. 105 106 Received 5/14/2024 ROC Legal

107 ASAP's ADJUSTED BALANCE: $ (858.21) 108 Change Order #01 - Saturday or OT Add to ASAP Contract C.O.#01 $ 2,154.36 109 Wednesday, December 20, 2023 ASAP's ADJUSTED CONTRACT AMOUNT: $ 1,296.15 110 111 ASAP's ADJUSTED BALANCE: $ 1,296.15 112 Deductive Change Order #8 D.C.O.#8 $ (540.00) 113 Date Saturday, January 13, 2024 ASAP's ADJUSTED CONTRACT AMOUNT: $ 756.15 114 Rescheduled Installation Date of Modified Material Order 115 a. ASAP installers arrive on site to begin demo and installation per their original proposal and site walk 116 by Jeff Grieshaber with ASAP. 117 b. ASAP installers start off by standing around and begin with trying to claim that this project was not 118 bid correctly by Jeff Grieshaber with ASAP. Again they start with the materials are not correct and 119 were ordered wrong or modified incorrectly. 120 c. Here are a list of "CLAIMS" by ASAP Installers - In no particular order. These are ASAP Reps 121 attempts to charge more money and delay install. 122 1 Frame is wrong - P&D, Thickness FALSE 123 2 Conditions are not per the original proposal FALSE 124 3 Jamb thicknesses do not match up FALSE 125 4 Masonry Anchors won't work FALSE 126 5 Welded Jamb Flat Clips are wrong and won't work. FALSE 127 6 Conditions around door jamb don't match their scope and proposal FALSE 128 7 Not enough Time bid to do this project FALSE 129 8 We will need more materials than what was estimated FALSE 130 9 The previous ASAP Employees did not know what they were looking at FALSE 131 10 Here is a Change Order for $1,118.47 for additional costs REJECTED FALSE 132 11 ASAP to Apostle Supervisor - Sign here for the Change Order before we can proceed REJECTED 133 134 12 ASAP Caused - Stand around time using delay tactics and wasting time for all TRUE 135 d. Apostle Operation Manager (OM) receives a 911 call to discuss and come to the site to review issues 136 and problems 137 e. Apostle Operation Manager (OM) reviews all of the claimed issues and attempts to "Up Charge" or 138 Extort us for additional costs for al work that is already included in ASAP's Original Scope of Work. 139 140 f. Apostle OM reviews each concern with ASAP Reps and shows that everything was part of the 141 Original Scope to ASAP Installers - Responses below 142 1 Checked and Confirmed Frame to Original Order and then to Modification Measurements 143 Provided ASAP 144 2 Site conditions are exactly as they were with no exceptions 145 3 Jamb thickness is absolutely correct - Old frame has so many coats of paint on it appears 146 to be different. It is not. 147 4 Masonry Anchors were provided by Supplier but not needed - Jamb has welded flat clips - 148 It is a multipurpose frame. Verified on the Original Materials list Approved by Jeff/ASAP 149 150 5 Welded Jamb Flat Clips are approved for this type of assembly and do work just not 151 preferred by the installers. 152 6 Conditions have not changed and all concerns were addressed when Jeff/ASAP walked 153 and bid the job. 154 7 The amount of time bid is more than enough time and if that is your opinion quit standing 155 around wasting it. 6 hours two guys bid - Completed in less that 4 hours it two guys. See 156 emails and project documentation for confirmation. 157 8 We were not provided with a list of materials that were included with ASAP's Bid and 158 ASAP's bid was turn-key and on them. NOTE: NO ADDITIONAL MATERIAL WERE 159 NEEDED OR REQUIRED 160 9 This is now the second time we have heard this from ASAP. It Appears no one there does. 161 Quit with your excuses and get your job done. 162 10 Change Order for $1,118.47 is denied but attempted by ASAP to extort additional monies 163 for what was already covered under their Original Scope of Work. 164 165 11 ASAP Rep tried to get a NON-Authorized field employee to sign for it and he refused. 166 ASAP also sent the CO to Apostle via email to get a signature and it was also denied. This 167 was a fraudulent attempt to up-charge for work already covered under their scop of work. 168 169 12 Total Stand-By time, travel time, and Trip Charge costs due to ASAP delay and Upcharge 170 tactics and excuses 171 Received 5/14/2024 ROC Legal

172 ASAP's ADJUSTED BALANCE: $ 756.15 173 Deductive Change Order #9 Taxes D.C.O.#9 $ (205.00) 174 ASAP's ADJUSTED CONTRACT AMOUNT: $ 551.15 175 176 177 178 ASAP Door and Repair Service Inc. - FINAL CONTRACT AMOUNT: $ 551.15 179 180 Apostle Builders reserves the right to bill for any and all time associated with this Alleged Claim including but not limited to supervision, 181 accounting time, documentation preparation, printing fees, Overhead and Profit and any legal fees incurred. 182 183 Emailed: [email redacted]

Respectfully Submitted,

Scott Rudolph Operations Manager Received 5/14/2024 ROC Legal

APOSTLE Responses to individual items in letter for actual events.

Apostle Builders, INC

PO Box 7399

Surprise, AZ 85374

Monday, February 12, 2024

Scott,

In response to your email, the following points will need to be identified.

1) On Monday, September 25th, our salesman Jeff was out to verify your door order will work for your install. It was confirmed this door will work

Apostle Rebuttal – This confirms that ASAP was in-fact responsible for field verifying existing conditions, frame, door, hardware etc. per the provided material order list. “It was confirmed this door will work”. SCR

2) On Wednesday, November 8th, our installers Maxwell and William were out to install your door. The door which you received from KCI differed from the door that was ordered and the opening would need to be modified for this door to work. This is an issue with KCI’s order and not our work. The decision was to wait until the proper door could be sourced back from KCI as this was KCI’s issue in delivery. You were informed that there would be a two hour charge for our installers being on site for the wrong material. No where in any contract were we to site verify the material that arrived, only that the material being ordered would work with the opening.

Apostle Rebuttal – The Door Package/Order was placed and provided exactly as shown by KCI per the approval and verification of ASAP as noted in line Item 1. The door was different – FALSE. SCR

We were told there would be a Charge by ASAP onsite. This was REJECTED on the spot and it was proven to be ASAP’s fault. SEE NOTE 1 – ASAP approved the order. Nothing was changed. APOSTLE received the delivery and checked it to the Order and it matched up. There was no Received 5/14/2024 ROC Legal

APOSTLE Responses to individual items in letter for actual events. reason to believe there was an issue because the Order and site conditions were previously verified by Jeff/ASAP. ASAP Techs were told this was on Jeff/ASAP and any Modifications and associated costs would be figured out and forwarded to ASAP (Deductive Change Order Costs to Follow). Techs stated Jeff was incompetent and had been fired.

The site meeting and verification of the material list along with examining the conditions of existing door, frame, hardware and pedestrian traffic were all a part of the visit. Confirmation of this is self-admitted on Line Item #1 by Matthew the General Manager of ASAP.

3) You were informed of this on the same day as above of the charge. We received no response to this until your email back on Thursday, December 14th. Due to the excessive traffic on site (which the installers spoke with you about on November 8th) it was requested this be quoted as weekend labor rate. This quote was sent to you on Thursday, December 19th.

This was REJECTED on site immediately to the Field Techs and they were shown the verification and comparison from the Original Order to actual materials provided. AGAIN – They stated Jeff was incompetent and had been fired because of his repeated incompetence. Later to be proven a lie!

Again, we set the time of the site visit and verification to show the expected pedestrian traffic and Jeff said that “ASAP was used to that type of traffic and it was not an issue they deal with it all the time and it was no problem”.

4) The change order was approved by you on Wednesday, December 20th, which included the 2 hour charge for the time spent on site on November 8th. This change order is also attached to this email with your signature and the 12/20/23 date.

That document was NOT A CHANGE ORDER. You sent a 45 day past due INVOICE. Invoice # 40615117. I responded to that INVOICE With a written response on it stating “WORK IS NOT YET COMPLETED OR STARTED” That is not acceptance of a Change Order.

5) Your charge account paperwork which was signed by you and returned to us on Monday, November 6th clearly outlines your NET30 terms. There has been no communication or approval of ANY other payment schedule. As such, your NET30 terms must be honored. This charge account paperwork is also attached to this email. Received 5/14/2024 ROC Legal

APOSTLE Responses to individual items in letter for actual events.

6) The estimate provided to you on Saturday, January 13th in the amount of $1,118.47 was contingent upon modifications further beyond scope needed to get your door installed and functional due to framing under the drywall. This change order was NOT signed as it was NOT needed. This charge has not been applied to your account in any way.

This was another attempt by the ASAP Organization to UP-Charge us for work and scope already included in our original agreement. Your field TECHs repeatedly tried to get us to sign it all the while stopping and delaying the installation thus requiring me to drive to the project and spend almost 90 minutes rebutting each and every reason for the additional costs. And the only thing they proved to us was that they were strategically trying to extort additional monies out of us and for the most part had no idea what they were even talking about. Had our Field Rep signed it even though no additional materials and or labor were required at all you WOULD be billing me for that dollar amount.

7) The door has been installed and functional upon the completion date of Saturday, January 13th and the terms and conditions noted both on the invoice and charge paperwork will apply.

As noted in my previous email, the door closer had to be adjusted to the Owners satisfaction. They have the final say and acceptance of all work performed on the project. We did not contact ASAP because it is blatantly obvious that your team cannot be trusted.

The back charges you have listed on your email have not been brought to ASAP’s attention nor is ASAP responsible for any of these charges. As the GC of a site, it is your responsibility to be present when needed on a job site you are in control of. In no way, shape or form will ASAP be held liable or responsible for your function as the GC on site.

As such, the following timeline of events will be applied to your account: 1) Your account will be placed on hold effective Monday, February 12th pending your response to this email. 2) Your balance of $5,404.10 will be due in full with an expected payment no later than NET30 thereto. This will fall on Tuesday, February 13th, 2024. 3) Per your charge account paperwork, signed and dated by yourself on November 6th of 2023, at days delinquent legal action will be taken by ASAP Door Repair and Service, DBA ASAP Commercial Doors, including but not limited to a mechanics lien filed on both Apostle Builders, LLC and the registered owner of McLane Trucking’s building at 14149 W McDowell Road in Goodyear, AZ. A ROC Complaint of Non-Payment will also be filed at this time against Apostle Builders. This will occur on or about Wednesday, March 13th, 2024.

Any payment sent in to ASAP that does not match the full balance on your account of $5,404.10 will be returned to you as the payment is due in full and we will not accept partial payment, nor will partial payment be accepted to stop any process outlined above. A preliminary notice of intent to lien will be delivered to both parties. This is not an actual lien filing. The mechanics lien will not be filed until your confirmation of non-payment is verified upon the above noted date. Received 5/14/2024 ROC Legal

APOSTLE Responses to individual items in letter for actual events. If you have any questions regarding this communication, please feel free to contact at the below number.

Matthew Nelson

General Manager

ASAP Commercial Doors

(623)-580-1404 Received 5/15/24, 9:16 AM State of Arizona Mail - RESPONSE - Case 2024-03278 - Citation and Complaint 5/14/2024 ROC Legal

Answers - AZROC <[email redacted]>

RESPONSE - Case 2024-03278 - Citation and Complaint message

Scott Rudolph <[email redacted]> Tue, May 14, 2024 at 12:14 PM To: [email redacted]

To whom it may concern, Please see attached 1) Response Letter and Outline dated 5/14/2024 2) ASAP Letter and Rebuttals to said letter 3) Previously supplied info and responses 4) Change Order Ledger showing final amount owed to ASAP

We have made numerous attempts to resolve this. ASAP will not take any responsibility for their mistakes which are provably and accurately documented and are the sole cause of this.

If you have any questions or concerns please contact me.

Regards, Scott Rudolph Direct 623-776-6545

Apostle Builders Inc.

Picture

ROC 297602

P.O. Box 7399 Surprise, AZ 85374

attachments Apostle Builders Response to - Case 2024-03278 - Citation and Complaint - AZROC - ASAP Door - Final.pdf 147K ApostleBuilders - ASAP Response Letter (1) WITH NOTES and COMMENTS regarding claims.pdf 147K Apostle - Back up to Complaint No. 2024-03278 - Dated 04.11.2024.pdf 25103K Apostle Builders Change Order Ledger to - Case 2024-03278 - Citation and Complaint - AZROC - ASAP Door -.pdf 142K

https://mail.google.com/mail/b/AEoRXRTiq8XP4uh4pRmoY9s4u8Y1Nm-jSm9kV1CwOg-8IKPvLz3r/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 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