2024A-03622-NPC-ROC Notice of Hearing & Packet MAILED 2024-03622.pdf

2024A-03622-NPC-ROC · Registrar of Contractors · 2024-07-08

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

CT Drywall LLC, Case No. 2024-03622

COMPLAINANT, Docket No. 2024A-03622-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE 4 Gen Homes LLC License No. ROC 298199,

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

HEARING INFORMATION The hearing is set for:

August 15, 2024 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on April 23, 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 July 8, 2024.

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

Copy mailed via USPS First Class mail July 8, 2024 to:

Respondent(s) Gen Homes LLC 1730 E. Northern Ave Suite 112 Phoenix, AZ 85020 Respondent's Attorney Andrew Rahtz, Esq. 2916 N Seventh Ave., Ste. 100 Phoenix, AZ 85013 Complainant(s) CT Drywall LLC 19243 W Lewis Ave Buckeye, AZ 85396

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Case No. 2024-03622 /

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

March 28, 2024

Via U.S. Mail and Email

Complainant CT Drywall LLC 19243 W. Lewis Ave. Buckeye, AZ 85396

Respondent Gen Homes LLC 12251 N. 32nd St., Ste. 2 Phoenix, AZ 85032

Re: Complaint No. 2024-03622

Dear Complainant and Respondent:

The Registrar received a complaint filed against 4 Gen Homes LLC for non- payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by April 4, 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 4, 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/Meridith Bell Meridith Bell Legal Assistant II Legal Department 1700 W Washington St.

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 03/26/2024 Utr,I\ 2024-03622

Non-Payment Complaint Form tlAL Departmental Use Onl], Conrplair.rt Nunrber: Mail to: IN Registrar of Contractors P.O. Box 18243 uall. in Phoenix, AZ 85N5-8243

Person Filing Complaint (Payee) Brrsirtxs Namc Full Name (Fird Middle tast) ROC I jcense Nlnnbe(s) (if anv) CT Or-,.,*rtt LtL Gor'nt",rt {y'I ancrv,' llc9 3Lo \bL jt-'s -1 ?-rt Street Address City St te , Zp Code

Phone Number L9 3 ..t). Lc-v.r\ lu< I9 F.mail Addrcss AucLc,,e /*c r boa- 1s-Lt- 6lgb Ll' dv.v,,-or t/ '7 I e qrm \ l. 6o,,.-t I consent to rcceive communications elechonicallv in connection with this case. Yes !f No /

Name of Attomev (iiany)

Attornev's Strcet Address Cit\' State Zp Co,Ce

Attomey's Phone Number Attomey'.s Email Addreis

Licensee Information (Paver) Namc {a- ,hou'n on contracts, rnvoice, (lc ) ROC License Number(s) @rrt Ho,ve\ LLC zqqt\q, Sh€cr Address Citv St-ate ZipL!.- l-?1D E rNcrl-lpnl lt,e 7P17 ,lhoontx /1. I OLO Irhore Number FmailAddrcss bot-55 'cl1 Name of ['erson(s) Representing I icense l)a-wi.l Yll t Ye\ Complaint Information Principal Amount Due (excluding intereit and iees) Contract Date (if applicable) X ls, zoe Have you filed a civil complaint? Yes f (lf yes. provide a copv of the civil iudgmeit) NoE List all specific invoices which have not been paid. Attach additional paqes ifnecessary

'fn,,,olte #1tot 2.

?n.,,onre b T1q 3.

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Certification I certifu, upon information and beliq, that the abooe-nmned licenxe hre failed to pay monies in excess of smer hundred ffty dollars when due t'or materials or seruices retdered in connection with the liceasee's operations as a contractot. I frtlrcr certifu, upon infonnation and beli{, that the abooe-named licensee has the capacity to pay, or has receioed suficient monies as poltnmt for the particulsr constnrctiott uork proiect or operution fot which the seruices or msterials wne rmdered or purchased. A.kS. $ 32--1154(AXLO. Prmted Namc Signature I)ate ( te.rvva,rl tryl los \* ?-b- z-ct Declaration & I am the Complainant in this Complaint Form or Complainant's duly authotized represettatfue. I declare under penalty of petjury that the int'ormation contained in this Fonn is tne and corlect to the best of my knoutledge. I fothel cefiify that any docwnents submitted in stpport of this complaint are true anil correct copiu of the originals md are acanrate to the b6t of tny knutledge. I uill assist in the inzrstigation or in the proseattion of the contractor or other partlg md utill, if necesssru, attmd hearings and tes!fu to ficts ltintedName QTer'"to''l {fla"-t"""tltl Signatule l)ate a'U- 2-r/ Received by Investigations 03/26/2024 GEN HOMES, LLC 2024-03622 ROC# 298199 I 4 GEN HOMES 12251 N. 32,,d ST STE 2 PHOENIX, AZ85032 (602) 559-4324

SUBCONTRACTOR AUTHORIZATION

This SUBCONTRACTOR \ /CRK AUTHORIZATION ("Agreement) is entered into this 7th day of December 2022 _by and between:

CONTRACTOR: SUBCONTRACTOR: GEN HOMES, LLC CT DRWVALL C 12251 N. 32id ST STE 2 19243 W. LEWS AVE Phoenix, AZ 85032 BUCKEYE. AZ 85396 NIain:602-694-7030 PHONE (602) 754-61 86 ROC# 298199 ROC # 320382 (hereinaner referred to as 'Contraclor") (hereinafrer referred to as "Subcontractor")

ln consideration of the mutual promise of the parties, Subcontractor agrees to tumish all labor, materials, equipment, tools, supplies, and other items incidental to the prompt and efficienl performance ofthe \ /ork described as follows:

THE CONTRACT DOCUMENTS

The Subcontractor Master Agreement, the Subcontractor Master Supplemental Conditions, the Contracl between O^/ner and Contracior, and all Contract Documents incorporated therein by reference, are fullv incorDorated into this Aoreement bv reference and are as fully a part of this Subcontract Agreement as if repeated in their entirety herein.

WORK DETAIL:

Subcontraci No.: POed kno\,trn as: LANG RESIDENCE Job No.: Project Location: 7429 E. LINCOLN Cost Code: 11 .02 DR. ProJecl Managen Davil Mikes SCOTTSDALE AZ 85250 Project Manageis Cell Phone: 602€94-7030 Project Owner: ANITA LANG Prolect Managef s Email: david@4genhomes Project Lender: FIRST BANK 12345 W COLFAX AVE LAKE\ /oOD, CO 80215 (720) 974-8571

ln accordance with Plans prepared by D\ /ELL BOLDLY dated 11t01t21 and Specif,cations dated N/A Note: Subcontrador's bid otoposal and exclusions and anv tems induded therein are not included as oaft of the A$eement with Contrador and are suoerseded bv the Contract Documents and tems made oaft hereof.

DESCRIPTION OF THE WORK:

Hang new drywall 4 inches from ground up in entire house (except for 18n height ceiling), install comer bead, tape new drywall, float bottom part of drywallto even oul with metal base, leave smooth level 5. Ready for paint. *Material Cost lncluded*

Add $2,000 for 5i8" drywall to be used per text received from German on 8122122

The Subcontracior shall fumish all labor, materials, equipment, tools, supplies, and other items required for the performance of the Vvork in accordance with the applicable provisions of lhe Contraci Oocuments. Subcontractor acknowledges that the Plans and Specifications may be subject to the approval of public or private authorities and in Received by Investigations 03/26/2024

I 4 GEN HON4ES SUBCONTRACTOR WORK AUTHORIZATI 2024-03622ON

the event these authorities require any changes as a condition of their approval, Subcontractor shall perform the \ /ork in accordance with such changes. Subcontractor acknowledges that it is not authorized 10 perform any Work otherthan as specified in a written Notice to Proceed or Change Ordersigned by Contractor.

Subcontractor represents that it has carefully examined and understands the Conlract Documents, has investigated the Site and observed the conditions and difficulties underwhich the Work is to be performed and is familiar with all applicable buiuing codes and industry standards, and other local, state and federal govemmental and agency laws, rules, regulations, requirements and agreements as may be applicable thereto (colleclively, "Legal Requirements'), and that il has entered into this Subcontract on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of Contractor or Owner, or of any oflheir respedive officers, agents, or employees.

Subcontraclor shall notiry Contractor, in writing, of any discrepancy, error or omission discovered by Subcontraclor in the Plans and Specifications, or the physical conditions uncovered or revealed at the Site differing materially from that indicated, reflecled or reasonably infened from the Contract Documents, and continuation oflhe Work subsequent to such discovery shall be at Subcontractois risk. Minor items of work or material omitted from the plans or specifications, but clearly inferable fom the information presented or which are called for by acc€pted trade practice, shall be provided and performed by Subcontractor at no additional charge over the original Subcontrad Price.

lf Subcontractor requests or recommends any revisions or substitutions, Subcontrador represents that such revisions or substitutions are equalto the items specified in appearance, capacity, quality, efficiency, and durability, and that the use of such revisions or substitutions will not interfere with the work of Contraclor or any other subcontractor.

All materials, equipment, supplies and any other iterns incomorated in to the Work shall be new, and all Work shall be (D of good and workmanlike quality, (iD in slrict conformance with the Plans and Speciflcations applicable thereto, all other terms and conditions hereof, all Legal Requirements; and (ii, shall pass all applicable state, local or federal govemmental or agency inspections. Designation of any manufactured articles, implement, equipment, or series thereof in the plans or specifications by name, trade name or manufaciurefs name establishes a standard of merit and quality, and Subcontraclor shall not be entitled to use a substitute of any such item unless it meets or exceeds such standards and is first approved in writing by Contracior.

Subconlractor shall commence the Work only after receiving written authorization from Contractor to begin Work. The Work shall be completed as Specified and in accordance with the Progress Schedules.

PRICE OF WORK:

Contractor shall pay Subcont.actor for the performance of the V'Vork, subieci to additions and deductions by written Cfiange Order in the Subcontrad Documents, the total sum of $ 34 .00 (l he "Subcontracl Price')

Contractor and Subcontractor agree that the only source and fund for any payment by Contractor to Subcontracior shall be from funds actually received by Contractor from Owner, as set forth in more detail in the Subcontractor Master Agreement incorporated herein by reference. Contractor's payment to Subcontrac{or for progress, change orders or final payments is not due and owing to Subcontractor unless and until Owner has made such payments to Contractor.

Progress payments shall be limited to no more than ninety percent (90%) of the portion of the Subcontract Price for \ /ork actually performed. Final payment to Subcontractor is conditioned upon receipt of final payment by Owner to Contrador.

LIQUIDATED DAMAGE$

Subcontractor agrees to Liquidaled Damages as set forth in the Prime Contract Documents or, if not set forth in the Prime Contract Documents- then in the amount as set forth herein oo0

INSURANCE Received by Investigations 03/26/2024

I 4 GEN HOMES SU BCONTRACTOR WORK AUTHORIZATION2024-03622

Subcontractor agrees lo maintain insurance as specified in Article Xlll ofthe Master Subcontractor Agreement or as more specifically sel forth herein. Subcont.actor shall provide Contractor with a Certincate of lnsurance and Additional lnsured Endorsement on Form CG 2010 '1185 naming Contractor as an additional insured there under, and with a copy ofthe policy and all endorsements.

lN WTNESS \ /|iEREOF, Contraclor and Subconlraclor have entered this Subcontracl as of the day and year writlen above.

Subcontractor: Contractor:

CT DRYVI'ALL LLC 4 GEN HOMES, LLC 19243 W. LEWS AVE 12251 N 32ND STREET SUITE 2 BUCKEYE, AZ 85396 PHOEN|X, AZ 85032

By By

Name German l\traravillas Na me. Brittan v Westfall

Title: Orvner ft1g. Office Manager

Dare: 12 I 12 t2022 Dde.12tO7t2O22

Owner Received by Investigations 03/26/2024 2024-03622

X Dropbox sigr', Audit trail

Title temp Fils name 1 1.02- CT Drywall..-Authorization.pdf Documgnt lO 8c466a5aefge1 6da2451 eBecl 1 a8rc7 2e2f41 661 Audit trail date tormat MM/DD/YYYY St.tus . Signed

Document History

c SENT 12t08t2022 00:20:19 UTC Sent for signature to German Maravillas ([email redacted]) from [email redacted] lP:75.204.125.7

@ 12t08t2022 Viewed by German Maravillas (c1drywall78@gmail,com) VIEWEO 02:26:54 Uf C tP'.68.227 .231 .129

+1 12t12t2022 Signed by Gefman Maravillas ([email redacted]) SICNED 14:33:39 UTC lP: 68.227 .231 .'129

g 12 1 12 t 2022 The document has been compleled

COMPLE'TED 14:33:39 UTC

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#39;l Received by Investigations 03/26/2024 Ls *tt utl' 2024-03622

Bil I To

CT ttc 4 Gen Homes 7429 E Lincoln Dr sconsdale , tu 85250

CT Drywall Payment terms Due upon receipt lnvoice # 734 19243 W Lewis Avenue Buckeye, Arizona 85396 Date 01t12/2023 Phone: (602) 754-6186 Email: [email redacted]

Descrlption Total

Dnlarall work $32,500.00 Hang new dryv\,all 4 inches from ground up in entire house (except for 18ft height ceiling), install corner bead, tape new drywall, float bottom part ofdrywall to even out with metal base, leave smooth level 5. Ready for paint.

*Material Cost lncluded*

Subtotal $32,500.00

Tota I $32,500.00

Payment Summary

[number redacted] - Check $15,000.00 O2l2Ol2O23 - Check $10,000.00

Paid Total $2s,000.00

Remaining Amount $7,s00.00

pc.H. ;" F,l\ Page t ol3 Received by Investigations 03/26/2024 2024-03622

Payment Schedule

Deposit (46.15%) $1s,000.00 Progress payment (30.77%) $10,000.00 Fina I Payment (23.08%) $7,500.00

Page 2 ol3 Received by Investigations , \^!'4' 03/26/2024

' "'fr 2024-03622

BillTo

CT LtC 4 Gen Homes Lang Residence

CT Drywall Payment terms Due upon recerpt lnvoice # 796 19243 W Lewis Avenue Buckeye, Arizona 85396 Date 07t24t2023 Phone: (602) 754-6186 Email: [email redacted]

Description Total

Change Order $6,200.00 - Drywall patch repair located in guest bathroom. ($400)

- lnstall corner bead and drywall patch repair around 4 pocket doors. ($1,000)

- Repair L-metal to go level with floor tile. ($400)

- Patch up holes around thermostats. ($100)

- Drywall patch repair located in kitchen and pantry. ($100)

- Hang drywall on island located in kitchen. ($200)

- Drywall patch repair on slrylight in bathroom located by pool. ($200)

- Drywall patch repair where brackets for pool sink was installed. ($300)

- Drywall patch repair located in master bathroom.($600)

- lnstall L-metal on access to mechanical room. ($300)

- Demo corner bead and drywallto fix opening in guest bedroom straight. Shim out drywall, install corner bead, tape, and leave smooth. ($400)

- Touch ups throughout entire house due to damages by others on jobsite. ($1,400)

- Cover floors in work areas, and walkways with builders paper everyday. once done for the day, pick up builders paper and vaccum. ($800)

*Material Cost lncluded*

Page 1ol2 Received by Investigations 03/26/2024 2024-03622

Subtotal $6,200.00

Tota I $6,200.00

Paqe 2 ol2 Received by Investigations 03/26/2024 .*dt!u; 2024-03622

ot'

Bill To

CT tIC Lang Residence

CT Drywall Payment terms Due upon receipt lnvoice # 779 19243 W Lewis Avenue Buckeye, Arizona 85396 Date 05/11/2023 Phone: (602) 754-6186 Emai l: ctdrywal [email redacted]

Description Total

Drywall Work $3,800.00 - Repair drywall around 8 newly installed doors, install corner bead or L-metal, tape, and leave texture smooth. ($2,000)

- Wrap 2 slg lights located in guest bedroom and bathroom by poolwith drywall, install corner bead, tape, and leave texture smooth. ($300)

- Drywall patch repairs ($1,500) . staircase and bathroom where drywall was cut to install glass. . patch around light installed in master bedroom hallway. . patch holes in master bathroom by light fixtures. . patch holes located in east wing hallway ceiling. . patch holes due to electrical wiring for tv being moved around . patch hole left behind when they moved plumbing in bar area.

subtotal $3,800.00

Total $3,800.00

La ng Residence

Page 1 ol1 Received by Investigations t@9( " .\ 03/26/2024 2024-03622 u'J"

Bill To

CT LtC Lang Residence

CT Drywall Payment terms Due upon receipt lnvoice # 763 19243 W Lewis Avenue Buckeye, Arizona 85396 Date o4to3t2023 Phone: (602) 754-6186 Email: [email redacted]

Descrlptlon Total

Drywall Work $s,200.00 - lnstall tearaway 4ft high with radial and drywall in guest bathroom. ($2100)

- 2 drywall patch repairs around chimney where pipes were worked on. ($200)

- Drywall patch repairs in kitchen. (Will only be taped and first coated). ($200)

- Repair drywall around main staircase. ($600)

- Skim coat 2nd floor. ($800)

- Add drywall to 2 windows to change reveal. ($200)

- Hang drywall on wall that was extended, and fix crack in drywall. ($2100)

- Repair 6 pony wall corners that were reframed. ($1 ,200)

- Round finish on staircase wall in master bedroom. ($1 ,100)

- Hang 2 drywall sheets in master bathroom. ($100)

*Material Cost lncluded*

subtotal $5,200.00

Total $5,200.00

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@ABCDÿ*!#F!!"1ÿG *!#F!!"1HÿIJÿKLMNOPÿIPÿQLRNOÿSLTÿUNVOÿWÿXYZ[\ G" : F!!"1H ]^_`DÿaMbcdeNfgÿUNchMÿijgÿikilÿmnkkÿoU ]pqr^s`DÿSIÿoNfÿSIthLÿikilWkuvii ÿ wx5*ÿ4ÿ**y z{|ÿ~ÿÿzÿ|ÿÿ ?0

611 !""! 1 1#19$%&%%'(90$)*092%+,-2.9(%/-(0'1$23474+*15116.7*8 #* 891:79 7 9 *; 212 RECEIVED 20240403 LEGAL

March 3, 2024

Gen Homes, LLC 1730 E Northern Ave, Suite 112 Phoenix, AZ 85020

Arizona Registrar of Contractors PO Box 18244 Phoenix, AZ 85005‐8244

RE: Complaint No. 2024‐03622

Dear Ms. Bell: The invoices provided by CT Drywall have been received by 4 Gen Homes and have been presented to the client. Unfortunately, the change orders were not approved prior to the work being done and the client has objected to paying the change orders. The requested change order for “repairs” in the home are substantial and exceed 46% of the original contract to install and finish drywall in the new 5300 square foot residence. The work authorization provided by CT Drywall has a pay when/if paid clause that is also referenced in our more comprehensive subcontractor agreement that we have with them. 4 Gen Homes will comply with the terms of the subcontractor agreement and work authorization. We are still in the process of negotiating with the owner regarding payment of the change orders. While we cannot guarantee that negotiations will be successful, there is still a possibility additional payment will be received.

Sincerely,

David Mikes Gen Homes, LLC

1730 E. Northern Ave, Suite 112 Phoenix AZ 85020  602.559.4324  4genhomes.com 4/11/24, 8:35 AM State of Arizona Mail - Case No. 2024-03622

Meridith Bell <[email redacted]>

Case No. 2024-03622 message

Meridith Bell <[email redacted]> Thu, Apr 11, 2024 at 8:34 AM To: [email redacted]

Per our conversation this morning, please provide the ROC with any documentation that shows that Owner has not paid you for the work that that the Complainant has listed in its invoices submitted. PleaseApril submit this documentation to legalnewmail.roc.az.gov by April 18, 2024. Please reference Case No. 2024-03622. If you have any questions, please call me 602-771-6718.

Thank you

Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors Main: 602.542-1525

Email: [email redacted]

https://mail.google.com/mail/u/0/?ik=278f8fdc13&view=pt&search=all&permthid=thread-a:r4224222930539741745&simpl=msg-a:r9196547119975603… 1/1 4/17/24, 2:26 PM State of Arizona Mail - Re: Case No. 2024-03622

Legal New Mail - AZROC <[email redacted]>

Re: Case No. 2024-03622 message

Brittany Westfall <[email redacted]> Wed, Apr 17, 2024 at 12:08 PM To: "[email redacted]" <[email redacted]> Cc: David Mikes <[email redacted]>

Hello,

Please see attached for the accounting statement reflecting the open balance from our customer. As shown, we are still owed $86,520.13 on this project which includes funds due for CT Drywall. Please let me know if you have any questions or need anything else.

Thank you,

Brittany Westfall Office Manager Cell: 602.399.4190 Office: 602.559.4324

[email redacted] 1730 E. Northern Ave, Ste 112 Phoenix, AZ 85020

From: David Mikes <[email redacted]> Sent: Wednesday, April 17, 2024 12:03 PM To: Brittany Westfall <[email redacted]> Subject: Fw: Case No. 2024-03622

From: Meridith Bell <[email redacted]> Sent: Thursday, April 11, 2024 8:34 AM To: David Mikes <[email redacted]> Subject: Case No. 2024-03622

https://mail.google.com/mail/b/AEoRXRTYqFOdHo6ZcGM84eNzXXclYpFls1TOnJpDTtgeaHf0Q4cT/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 1/2 4/17/24, 2:26 PM State of Arizona Mail - Re: Case No. 2024-03622 documentation to legalnewmail.roc.az.gov by April 18, 2024. Please reference Case No. 2024-03622. If you have any questions, please call me 602-771-6718.

Thank you Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors Main: 602.542-1525 Email: [email redacted]

Lang Accounting Statement 04.17.24.pdf 19K

https://mail.google.com/mail/b/AEoRXRTYqFOdHo6ZcGM84eNzXXclYpFls1TOnJpDTtgeaHf0Q4cT/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 2/2 RECEIVED 20240417 LEGAL

Statement TO STATEMENT NO. 1037 DATE 04/17/2024 Anita Lang TOTAL DUE $86,520.13 7429 E. Lincoln Drive ENCLOSED Scottsdale, AZ 85250

DATE ACTIVITY AMOUNT BALANCE

05/31/2022 Balance Forward 0.00

06/23/2022 Invoice #447: Pay App 04 123,419.59 123,419.59 06/28/2022 Payment -123,419.59 0.00 08/08/2022 Invoice #458: Pay App 05 111,881.57 111,881.57 08/11/2022 Deposit #[number redacted]: Over charge on Sales -5,353.21 106,528.36 tax- apply credit to Pay App 06 08/11/2022 Payment -111,881.57 -5,353.21 10/18/2022 Invoice #487: Pay App 06 122,226.79 116,873.58 10/20/2022 Payment -116,873.58 0.00 12/13/2022 Invoice #510: Pay App 07 137,256.78 137,256.78 12/21/2022 Payment -137,256.78 0.00 03/09/2023 Invoice #550: Pay App 08 188,756.74 188,756.74 03/20/2023 Payment -188,756.74 0.00 06/07/2023 Invoice #585: Pay App 09 156,564.53 156,564.53 06/15/2023 Payment -156,564.53 0.00 03/11/2024 Invoice #652: Pay App 10 151,665.88 151,665.88 03/11/2024 Invoice #654 31,276.15 182,942.03 03/11/2024 Journal Entry -73,000.00 109,942.03 03/13/2024 Payment -23,421.90 86,520.13

Current 1-30 Days 31-60 Days 61-90 Days 90+ Days Amount Due Past Due Past Due Past Due Past Due Due 0.00 55,243.98 31,276.15 0.00 0.00 $86,520.13

1730 E. Northern Ave, Suite 112 Phoenix AZ 85020 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

CT Drywall LLC, Case No. 2024-03622 COMPLAINANT, v. Gen Homes LLC, CITATION License No. ROC 298199, RESPONDENT.

The Registrar issues this Citation to 4 Gen Homes LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 8, 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 27, 2024, CT Drywall LLC (“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 licensee proves that the licensee lacks the

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2024-03622. 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 8, 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

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B).

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 23, 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 23, 2024 to: Respondent Certified Mail No: [number redacted] 4 Gen Homes LLC 1730 E. Northern Ave., Suite 112 Phoenix, AZ 85020 Copy mailed by USPS First Class mail this same date to: Respondent Gen Homes LLC of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 1730 E. Northern Ave Suite 112 Phoenix, AZ 85020 Complainant CT Drywall LLC 19243 W. Lewis Ave Buckeye, AZ 85396 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. 2024-03622

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations 03/26/2024 Utr,I\ 2024-03622

Non-Payment Complaint Form tlAL Departmental Use Onl], Conrplair.rt Nunrber: Mail to: IN Registrar of Contractors P.O. Box 18243 uall. in Phoenix, AZ 85N5-8243

Name of Attomev (iiany)

Attornev's Strcet Address Cit\' State Zp Co,Ce

Attomey's Phone Number Attomey'.s Email Addreis

'fn,,,olte #1tot 2.

?n.,,onre b T1q 3.

T,.\'etaz * 1q b ,1.

SUBCONTRACTOR AUTHORIZATION

This SUBCONTRACTOR \ /CRK AUTHORIZATION ("Agreement) is entered into this 7th day of December 2022 _by and between:

THE CONTRACT DOCUMENTS

WORK DETAIL:

DESCRIPTION OF THE WORK:

Add $2,000 for 5i8" drywall to be used per text received from German on 8122122

I 4 GEN HON4ES SUBCONTRACTOR WORK AUTHORIZATI 2024-03622ON

Subconlractor shall commence the Work only after receiving written authorization from Contractor to begin Work. The Work shall be completed as Specified and in accordance with the Progress Schedules.

PRICE OF WORK:

LIQUIDATED DAMAGE$

Subcontractor agrees to Liquidaled Damages as set forth in the Prime Contract Documents or, if not set forth in the Prime Contract Documents- then in the amount as set forth herein oo0

INSURANCE Received by Investigations 03/26/2024

I 4 GEN HOMES SU BCONTRACTOR WORK AUTHORIZATION2024-03622

lN WTNESS \ /|iEREOF, Contraclor and Subconlraclor have entered this Subcontracl as of the day and year writlen above.

Subcontractor: Contractor:

CT DRYVI'ALL LLC 4 GEN HOMES, LLC 19243 W. LEWS AVE 12251 N 32ND STREET SUITE 2 BUCKEYE, AZ 85396 PHOEN|X, AZ 85032

By By

Name German l\traravillas Na me. Brittan v Westfall

Title: Orvner ft1g. Office Manager

Dare: 12 I 12 t2022 Dde.12tO7t2O22

Owner Received by Investigations 03/26/2024 2024-03622

X Dropbox sigr', Audit trail

Title temp Fils name 1 1.02- CT Drywall..-Authorization.pdf Documgnt lO 8c466a5aefge1 6da2451 eBecl 1 a8rc7 2e2f41 661 Audit trail date tormat MM/DD/YYYY St.tus . Signed

Document History

c SENT 12t08t2022 00:20:19 UTC Sent for signature to German Maravillas ([email redacted]) from [email redacted] lP:75.204.125.7

@ 12t08t2022 Viewed by German Maravillas (c1drywall78@gmail,com) VIEWEO 02:26:54 Uf C tP'.68.227 .231 .129

+1 12t12t2022 Signed by Gefman Maravillas ([email redacted]) SICNED 14:33:39 UTC lP: 68.227 .231 .'129

g 12 1 12 t 2022 The document has been compleled

COMPLE'TED 14:33:39 UTC

Powe.ed by X Oropbox orr 1; v\

#39;l Received by Investigations 03/26/2024 Ls *tt utl' 2024-03622

Bil I To

CT ttc 4 Gen Homes 7429 E Lincoln Dr sconsdale , tu 85250

CT Drywall Payment terms Due upon receipt lnvoice # 734 19243 W Lewis Avenue Buckeye, Arizona 85396 Date 01t12/2023 Phone: (602) 754-6186 Email: [email redacted]

Descrlption Total

*Material Cost lncluded*

Subtotal $32,500.00

Tota I $32,500.00

Payment Summary

[number redacted] - Check $15,000.00 O2l2Ol2O23 - Check $10,000.00

Paid Total $2s,000.00

Remaining Amount $7,s00.00

pc.H. ;" F,l\ Page t ol3 Received by Investigations 03/26/2024 2024-03622

Payment Schedule

Deposit (46.15%) $1s,000.00 Progress payment (30.77%) $10,000.00 Fina I Payment (23.08%) $7,500.00

Page 2 ol3 Received by Investigations , \^!'4' 03/26/2024

' "'fr 2024-03622

BillTo

CT LtC 4 Gen Homes Lang Residence

CT Drywall Payment terms Due upon recerpt lnvoice # 796 19243 W Lewis Avenue Buckeye, Arizona 85396 Date 07t24t2023 Phone: (602) 754-6186 Email: [email redacted]

Description Total

Change Order $6,200.00 - Drywall patch repair located in guest bathroom. ($400)

- lnstall corner bead and drywall patch repair around 4 pocket doors. ($1,000)

- Repair L-metal to go level with floor tile. ($400)

- Patch up holes around thermostats. ($100)

- Drywall patch repair located in kitchen and pantry. ($100)

- Hang drywall on island located in kitchen. ($200)

- Drywall patch repair on slrylight in bathroom located by pool. ($200)

- Drywall patch repair where brackets for pool sink was installed. ($300)

- Drywall patch repair located in master bathroom.($600)

- lnstall L-metal on access to mechanical room. ($300)

- Demo corner bead and drywallto fix opening in guest bedroom straight. Shim out drywall, install corner bead, tape, and leave smooth. ($400)

- Touch ups throughout entire house due to damages by others on jobsite. ($1,400)

- Cover floors in work areas, and walkways with builders paper everyday. once done for the day, pick up builders paper and vaccum. ($800)

*Material Cost lncluded*

Page 1ol2 Received by Investigations 03/26/2024 2024-03622

Subtotal $6,200.00

Tota I $6,200.00

Paqe 2 ol2 Received by Investigations 03/26/2024 .*dt!u; 2024-03622

ot'

Bill To

CT tIC Lang Residence

CT Drywall Payment terms Due upon receipt lnvoice # 779 19243 W Lewis Avenue Buckeye, Arizona 85396 Date 05/11/2023 Phone: (602) 754-6186 Emai l: ctdrywal [email redacted]

Description Total

Drywall Work $3,800.00 - Repair drywall around 8 newly installed doors, install corner bead or L-metal, tape, and leave texture smooth. ($2,000)

- Wrap 2 slg lights located in guest bedroom and bathroom by poolwith drywall, install corner bead, tape, and leave texture smooth. ($300)

subtotal $3,800.00

Total $3,800.00

La ng Residence

Page 1 ol1 Received by Investigations t@9( " .\ 03/26/2024 2024-03622 u'J"

Bill To

CT LtC Lang Residence

CT Drywall Payment terms Due upon receipt lnvoice # 763 19243 W Lewis Avenue Buckeye, Arizona 85396 Date o4to3t2023 Phone: (602) 754-6186 Email: [email redacted]

Descrlptlon Total

Drywall Work $s,200.00 - lnstall tearaway 4ft high with radial and drywall in guest bathroom. ($2100)

- 2 drywall patch repairs around chimney where pipes were worked on. ($200)

- Drywall patch repairs in kitchen. (Will only be taped and first coated). ($200)

- Repair drywall around main staircase. ($600)

- Skim coat 2nd floor. ($800)

- Add drywall to 2 windows to change reveal. ($200)

- Hang drywall on wall that was extended, and fix crack in drywall. ($2100)

- Repair 6 pony wall corners that were reframed. ($1 ,200)

- Round finish on staircase wall in master bedroom. ($1 ,100)

- Hang 2 drywall sheets in master bathroom. ($100)

*Material Cost lncluded*

subtotal $5,200.00

Total $5,200.00

Pqe 1ol2 0101203ÿ5678ÿ9 ÿÿ9 ÿ ÿÿÿ ÿÿ220822

=>?@AÿC>DÿE@FAÿGÿHIJKLÿMA>?@AN>DO@FAPQRST@UT?RVW

[\[]\^[ÿCXLÿCRZFS>ÿ@N ÿLROA@FNZÿEH=ÿ[\[]G\^_[[T 8<05 @VFÿEF>ÿ̀* 1*a0" ! b +*3ÿ9ÿ83ÿ220ÿ ÿ<608ÿ c6ÿg" ÿ:ÿ ÿÿ9%-0ÿ̀" : a!!"1b 06ÿe ÿ+ÿ̀# a0" ! b

611 !""! 1 1#19$%&%%'(90$)*092%+,-2.9(%/-(0'1$23474+*15116.7*8 #* 891:79 7 9 *; 212 RECEIVED 20240403 LEGAL

March 3, 2024

Gen Homes, LLC 1730 E Northern Ave, Suite 112 Phoenix, AZ 85020

Arizona Registrar of Contractors PO Box 18244 Phoenix, AZ 85005‐8244

RE: Complaint No. 2024‐03622

Sincerely,

David Mikes Gen Homes, LLC

1730 E. Northern Ave, Suite 112 Phoenix AZ 85020  602.559.4324  4genhomes.com 4/17/24, 2:26 PM State of Arizona Mail - Re: Case No. 2024-03622

Legal New Mail - AZROC <[email redacted]>

Re: Case No. 2024-03622 message

Brittany Westfall <[email redacted]> Wed, Apr 17, 2024 at 12:08 PM To: "[email redacted]" <[email redacted]> Cc: David Mikes <[email redacted]>

Hello,

Thank you,

Brittany Westfall Office Manager Cell: 602.399.4190 Office: 602.559.4324

[email redacted] 1730 E. Northern Ave, Ste 112 Phoenix, AZ 85020

From: David Mikes <[email redacted]> Sent: Wednesday, April 17, 2024 12:03 PM To: Brittany Westfall <[email redacted]> Subject: Fw: Case No. 2024-03622

From: Meridith Bell <[email redacted]> Sent: Thursday, April 11, 2024 8:34 AM To: David Mikes <[email redacted]> Subject: Case No. 2024-03622

Thank you Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors Main: 602.542-1525 Email: [email redacted]

Lang Accounting Statement 04.17.24.pdf 19K

https://mail.google.com/mail/b/AEoRXRTYqFOdHo6ZcGM84eNzXXclYpFls1TOnJpDTtgeaHf0Q4cT/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 2/2 RECEIVED 20240417 LEGAL

Statement TO STATEMENT NO. 1037 DATE 04/17/2024 Anita Lang TOTAL DUE $86,520.13 7429 E. Lincoln Drive ENCLOSED Scottsdale, AZ 85250

DATE ACTIVITY AMOUNT BALANCE

05/31/2022 Balance Forward 0.00

Current 1-30 Days 31-60 Days 61-90 Days 90+ Days Amount Due Past Due Past Due Past Due Past Due Due 0.00 55,243.98 31,276.15 0.00 0.00 $86,520.13

1730 E. Northern Ave, Suite 112 Phoenix AZ 85020 RECEIVED 5/7/24, 3:25 PM State of Arizona Mail - Case No. 2024-03622: CT Drywall LLC v. 4 Gen Homes LLC 20240507 LEGAL

Answers - AZROC <[email redacted]>

Case No. 2024-03622: CT Drywall LLC v. 4 Gen Homes LLC message

Luisa Rodriguez <[email redacted]> Tue, May 7, 2024 at 2:45 PM To: "[email redacted]" <[email redacted]> Cc: Morgan McCain <[email redacted]>, Andy Rahtz <[email redacted]>

Good afternoon,

Please see attached Respondent 4 Gen Homes, LLC’s Answer to the Citation issued by the ROC on April 23, 2024. Please let us know should anything further be needed.

Thank you,

Luisa Rodriguez | Paralegal | Platt & Westby, PC

2916 North 7th Avenue | Phoenix, AZ 85013

T: 602.277.4441 | F: 602.277.0388

[email redacted] | www.plattwestby.com

IMPORTANT & CONFIDENTIAL: This message is from the law firm of Platt & Westby, PC and is for the intended recipient only. It may contain confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby instructed that any dissemination, distribution, copying or printing of this communication is strictly prohibited. If you have received this message in error, please notify us immediately by telephone at 602.277.4441 or by reply e-mail and delete this message.

0507 Answer.pdf 11859K

https://mail.google.com/mail/b/AEoRXRQfWpczJPoYZZaldtyfN_N-guPkKlC9SdbMRgSiKiq8ei58/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/1 RECEIVED 20240507 LEGAL

Andrew Rahtz, Bar No. 026151 Morgan B. McCain, Bar No. 025878 PLATT & WESTBY, P.C. 2916 North 7th Avenue, Suite 100 Phoenix, Arizona 85013 Telephone: (602) 277-4441 [email redacted] Attorneys for Respondent 4Gen Homes, LLC- CV LIT RM15480-03/ MBM/ lr

REGISTAR OF CONTRACTORS OF THE STATE OF ARIZONA CT Drywall LLC, Case No: 2024-03622 COMPLAINANT, vs. RESPONDENT’S WRITTEN ANSWER TO CITATION AND COMPLAINT Gen Homes LLC, License No. ROC 298199, RESPONDENT. Respondent, 4 Gen Homes, LLC (hereinafter “Respondent”), by and through undersigned Counsel hereby files its Written Answer to Citation and Complaint. The Registrar of

Contractors (hereinafter “ROC”) issued the Citation on April 23, 2024; and CT Drywall, LLC (hereinafter “Complainant”) filed the initial Complaint on March 26, 2024 (hereinafter “Citation and Complaint”).

The Citation and Complaint contained once charge and Respondent hereby responds to this charge. ///

RECEIVED 20240507 LEGAL

Charge: 1 A.R.S. § 33-1154(A)(10) (A) The holder of a license or any person named on a license pursuant to this chapter may not commit any of the following acts or omissions: (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 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. Respondent begins with that specific language contained in A.R.S. § 33-1154(A)(10) regarding payment when the licensee (“Contractor”) has the capacity to pay. Specifically, this part of the statute reads:

unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. Emphasis added. This specific language in the statute is clear in that the Contractor is required to pay the sub- contractor when it has the capacity to do so.

Complainant and Respondent entered into a Master Subcontractor Agreement (“Agreement”) on January 19, 2022, and both parties signed the Agreement on February 15, 2022. This Agreement also contained the Supplemental Conditions to Master Subcontractor Agreement (“Supplemental Conditions”). The Agreement and Supplemental Conditions are attached hereto, and incorporated herein as Exhibit A. Section XI of the Agreement, on pages and 3, is titled Payment. This sections states: With regard to all payments, including progress, final, and retention payments, Subcontractor shall be entitled to be paid only when Contractor has been paid by Owner for Subcontractor’s work. Notwithstanding anything to the contrary in this agreement, Subcontractor understands and agrees that in addition to other prerequisites to payment set forth herein, Contractor’s actual receipt of

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payment from the Owner for Subcontractor’s work is an express condition precedent to the Contractor’s obligation to pay Subcontractor for any progress and/or final payments, including change orders. Subcontractor understands and agrees that Subcontractor's recovery from Contractor is limited exclusively to the specific fund created by Owner for each project in the form of payments to Contractor for this project. Subcontractor further understands and agrees that the sole and exclusive source of funds for this subcontract agreement and for each project is the payments made to Contractor from Owner. Subcontractor assumes the risk of Owner's non-payment to Contractor on this project and is relying specifically and only on the Owner's source of funds for payment. Subcontractor further understands and agrees that Contractor shall not be obligated to pay Subcontractor at any time under this subcontract unless and until Owner pays Contractor for Subcontractor's work and only to the extent such payment is made for Subcontractor's work, subject to contract-related set- offs, and provided all other contract requirements with respect to Subcontractor's payment application are met. Subcontractor further understands and agrees that none of its invoicing / payment applications are due and owing to the Subcontractor unless and until the Owner has made such payment for Subcontractor's work to Contractor.

This section makes four things explicitly clear: (1) that the Subcontractor is entitled to be paid only when the Contractor has been paid by the Owner for Subcontractor’s work, (2) Contractor’s actual receipt of payment from the Owner is an express condition precedent to the Contractor’s

obligation to pay the Subcontractor, (3) the Subcontractor is limited to recovering the specific funds created by owner for each project in the form of payments to the Contractor for each project, and (4) Subcontractor assumes the risk of Owner’s non-payment to the Contractor, and that the Contractor is only obligated to pay the Subcontractor at any time under the agreement unless and until Owner pays Contractor for Subcontractor’s work. Further, Respondent and Complainant entered into the Subcontractor Work Authorization (“Work Authorization”) on December 7, 2022, and it was signed by Complainant on December 15, 2022. This Work Authorization is attached hereto and incorporated herein as Exhibit B.

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According to the Work Authorization, Subcontractor would be paid $34,500.00 for performing the following work: Hang new drywall 4 inches from ground up in entire house (except for 18ft height ceiling), install corner bead, tape new drywall, float bottom part of drywall to even out with metal base, leave smooth level 5. Ready for paint. *Material Cost Included* Add $2,000.00 for 58/” drywall to be used per text received from German on 8/22/22. Complainant submitted Invoice # 734 to Respondent on or about January 12, 2023, in the amount of $32,500.00. This invoice is attached hereto and incorporated herein as Exhibit C. According to the invoice submitted by the Complainant, Respondent paid Complainant $15,000.00 on December 28, 2022; $10,000.00 on February 20, 2023; and $7,500.00 on April

3, 2023. Thus, Complainant was in fact paid in full for all of the work authorized for Subcontractor to perform. Further, according to the Supplemental Conditions, Article 10 deals with Payment.

Subsection 10.6 states: “Subcontractor shall be entitled to final payment, including the retention if held, extra and change order payments only if (i) the Work has been fully completed and accepted by Contractor, Owner, and any other parties entitled to inspect and accept the work…” The Invoices submitted by Complainant that are the subject of this Citation were in fact all change orders. Complainant never received any additional work authorization for the change orders; nor did the Respondent or Homeowner ever approve or sign any additional change orders. Once Respondent received the invoiced change orders, they were provided to the Homeowner who has not approved them. As previously explained, Respondent is still in the process of

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negotiation with the Homeowner regarding payment of the change orders and remains hopeful that some or all of the change orders will be approved and paid by the Homeowner. Thus, Respondent has in fact complied with the Agreement and Work Authorization in paying Complainant the $32,500.00 previously authorized. The additional change orders were never approved by the Respondent or Homeowner and Contractor has not been paid for such change orders by the Homeowner. Moreover, as stated in A.R.S. § 33-1154(A)(10), the Licensee has proven that it 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. Thus, there are no grounds for suspension or revocation of Respondent’s license

or cause for a civil penalty. Accordingly, the complaint and charge listed in the Citation should be dismissed with prejudice. Respondent has complied with its legal duties owed to the Complainant.

Respondent does not waive any of its legal rights through this answer, all of which are reserved. WHEREFORE, Respondent files this Written Answer to Citation and Complaint and respectfully requests that the Registrar dismiss this Citation and Complaint with Prejudice. DATED this 7th day of May 2024. PLATT & WESTBY, P.C. /s/ Morgan B. McCain R. Andrew Rahtz, Esq. Morgan B. McCain, Esq. Attorneys for Complainant

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ORIGINAL of the foregoing filed this 7th day of May 2024 with: Registrar of Contractors The State of Arizona [email redacted] COPY of the foregoing sent via mail and/or Email this 7th day of May 2024 to: CT Drywall, LLC 19243 W. Lewis Avenue Buckeye, AZ 85396 [email redacted] /s/ Luisa Rodriguez

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EXHIBIT A RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL

EXHIBIT B RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL

EXHIBIT C RECEIVED 20240507 LEGAL RECEIVED 20240507 LEGAL REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

CT Drywall LLC, Case No. 2024-03622 COMPLAINANT, v. Gen Homes LLC ORDER DENYING REQUEST TO License No. ROC 298199, DISMISS RESPONDENT.

BACKGROUND On April 23, 2024 the Registrar issued a citation against Respondent’s License No. ROC 298199. Respondent filed its Answer on May 7, 2024 The Answer included a request to dismiss the citation and close the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated June 5, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail June 5, 2024 to:

Respondent(s) 4 Gen Homes LLC 1730 E. Northern Ave Suite 112 Phoenix, AZ 85020

Andrew Rahtz Esq Platt & Westby, P.C. 2916 N Seventh Ave., Ste 100 Phoenix, AZ 85013

Complainant(s)

CT Drywall LLC 19243 W Lewis Ave Buckeye, AZ 85396 Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar [email redacted] Complainant at email address on record with the Registrar Case No. 2024-03622/ MTH

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 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