2024A-03831-NPC-ROC Notice of Hearing & Packet MAILED 2024-03831.pdf

2024A-03831-NPC-ROC · Registrar of Contractors · 2024-06-04

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

S A K Electric and Plumbing Inc., Case No. 2024-03831

COMPLAINANT, Docket No. 2024A-03831-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Modern Build Construction LLC License No. ROC 321538,

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

HEARING INFORMATION The hearing is set for:

July 22, 2024 9:00 AM Jenna Clark 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 May 1, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

1156(B).

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

HEARING PROCEDURES AND RULES

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

HEARING PACKET

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

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

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

DISCLOSURE STATEMENT

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated June 5, 2024.

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

Copy mailed via USPS First Class mail June 5, 2024 to:

Respondent(s) Modern Build Construction LLC 4500 N 32nd St Ste. 201G Phoenix, AZ 85018

Complainant(s) S A K Electric and Plumbing Inc. 56 S. Meridian Rd Apache Junction, AZ 85120

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. 2024-03831 /

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

April 9, 2024

Via U.S. Mail and Email

Complainant S A K Electric and Plumbing Inc. PO Box 6606 Mesa, AZ 85216

S A K Electric and Plumbing Inc. S. Meridian Rd. Apache Junction, AZ 85120

Via U.S. Mail and Email

Respondent Modern Build Construction LLC 4500 N 32nd St., Ste. 201G Phoenix, AZ 85018

Re: Complaint No. 2024-03831

Dear Complainant and Respondent:

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

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by April 16, 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 16, 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,

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

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Joseph Harvey Hammer Street Address City State Zip Code 10616 E. Sheffield Dr Mesa Arizona 85212 Phone Number Email Address (602) 989-1918 [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Modern Build Construction LLC ROC 321538 Street Address City State Zip Code 4500 N 32nd St Ste 201G Phoenix AZ 85018 Phone Number Email Address

Name of Person(s) Representing License Peter William Maguire Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $13,861.00 December 11, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Invoice 2601 $9,666.00 ; Invoice 2603 $3,780; Invoice 2779 $300.00; Invoice 2810 $115

Modern "�d C n truction Rot 321538

April 15th,. 20i4

Respondent Modern Build Construction 4500 N. 32nd St.., 201G Phoenix Arizona 8501S.

Complaint #· 2024-03831

In response to the •alleged complaint by SAK Electric & Plumbing against Modern Build Construction.

All Electrical per Contract was paid on Oct.o.ber 24, 2023, see •attai:hed iAv01ce #2166 that clearly states that this invoice was for'the remainder of Electrical work for $7569.ClO and corresponding can�elJ�d check #1512 showing payment for $756'9.00.

Regarding invoLce #2603 for $3780.00 all items includet! in this invoice are for repairs and or fixes to SAK's initial work that was not finished or installed incorrectJy, I and my clients dispute owing anything on this fnvoite. See the attached inyoite #2603 with hand�ritten. explanations from SAK addressing each of th_e· items as repairs or corrections.

Regarding invoke-#2810 for $115.00 for rewiring-the cook. top hood that was. wired incorrectly again another correctioA that SAK had to r.epair or fix.

Please se.e the City of Phoenix Inspectors rep.ort regarding the main electrical panel and the items that need to be corrected with that so that I can get clearance for the Certificate of Occupancy on the building. SAK provided this and h�v� s�id that it is not their problem because an cities and fnunfcipalities use different code books. That is an unacceptable response from a licensed. electrical contractor, SAK should know exactly what code book that the City of Phoenix is using.

I have received a quote of $4000.00 dollars. from another· Htensed electrrical contractor to corrre:ct tlJe mistakes in:the. main electrical panel dueto : SAK made by S.AK.

Regarding invoice #2601 for progress plumbing and additional amount owed, I have asked Joe repeatedly to quantify the dollar amounts that be is· claiming have not been paid. He has yet to provide any evidence that this amount is due.

In addition, there is a separate matter of drywall repairs and paint after SAK repaired their mistak!:!s· from Electrric:al and Plumbing issues. To date I have not asked SAK for r�imbursement of those items.

I wi11 be filing a formal cornpJaint against SAK-electrical & plumbiAg and 'Seekjng :the. $4000.DO of repair cost to the ele.c:trical panel

Sincerely

Peter Maguire

4300 N. :32 mi St., 201G Phoenix Arizona 850.18. 0#602-956�3520 email-: [email redacted] LEGAL RECEIVED 04/15/2024

Invoice Date Invoice#

7/14/201.3 11'66

Ship To·

Mod.i:;rn B_uild Coost11.1ction Tercy & Lind.a Dlekins 4$00 N 32nd St Stii1C 201 G 14845 S 3'Qth PL Phoenix, AZ 85018 Phoenix, AZ 602-9.56-3520 Pe.te cell 602-3 l2-3720 APN 30i-76-819C emai I� modem:b.uild l@gmai I .com Ray �d & 30th St area

P 0. ff Start Dal'� End Date Technician

04/0l/2023 7(9/2023

Description Quantity Tax Amount

Flilli□g foit 1·eruaincter oMectri.eal work as per proposal dated 2,1)2,00 12'10.21

Partial oi.lli.11g for Chruige Order l dated 09:01,22; I. Delete lOOamp ma.in lugsubpaner io gf.l.rage -285.00 2. Delete (6) existirrg duple: outlets in garage. Add (6) 4-plei< 3g.2_0Q I ·outlets in ll1eir p.lace, (New 4-plex outlets to be surface-1iiounted on drywall with metal boxes & EMT conduit in g!,lrage Note: Trench. o'ac:kfitl &. instaLI apprnx. 135ft of conduit fo'rpool equipment (Ei::QJ udes wire) (Poo I equipme.ot supplied. & installed oy otbers) not yer"bi:lled ($3,375.00)

Labor & trip :cl1argcs for electrical work as per proj)'osal dated. 12.20,2 l '<IIld approved vfa. Pete's emati d'atect·0§.01.22 Sec· a.ttached $preadshe(;t f-<ir !tours & trtp .cba:rges hrs@$75.00 perhour 5,]0'Q.00 trip c.li!argcs ®- $60.00 p.,er each 240.00

I Ii

Thank you fqr your business. Total $7,569.00

lnvoices due u.1ro.n receipt. Past due is- subject to a service charge of2% per month.

-C.redit car.ct payments are subJec� to a 3% processing tee LEGAL RECEIVED 04/15/2024

04.20.23 MikeW 10 $60.00 04.20.23 Rudy 10 w/ Mike 04.2723 Mi:k@-W 10 w/ Greg 04.27.2,3 Gre_g 11.25 $60.00 05.24.23 Mike-W 10_75 $60.00 07.QS.23· Mik.�W 7,75 $60.00 w/ Greg 07.05.2.3 Greg 8.25

Billed invoice 2_166 Total hrs 68 $2-40.00 Total trip charges fv,1OOERN 6UILO ¢:O:NST.RUCTION LlG Business LEGAL RECEIVED Statement 04/15/2024 4500 N 32ND':STSTE 201G Acco.unt Numbef: PHOENIX AZ 85.01:8.-3397- 517 088� 3247. Statement Period: Oci 2, ,2_0_23 througM . Oct 31, 202:3 Page 1.0 of 11

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[email redacted]·m

From: City of Phoenix -1:cdonotreplysbapephx@ph·oenix.gov> Sent: Tuesday, March 12, 2024 3':49 PM 1'0: rtioclembu1ld1@g_mi'l'il.com -SQbject: Inspection Comple.ted RSF:22016989 699 Fihal Inspection Rs·F 2:2016989

RSH22016989. 699 Inspection has been completed for the following address:·14845 S 30TH. PL. (Actj_ve)ln:�pectjon rest.,1lted as Fail Inspector Comments: Peter Detach Patio is over 200 sf will requite permit,and plans 2,.AFCIIGFCI fo.r all 125v,, 1 s..-20 amp receptacles·as reqµlred per me E3902 and 3902.16. A d_ual combo circuit breaker at main panel 3. Provide AJr tightness certificate test and a Cert label at main panel 4. Builder working at pavers that will.be · part of door stoops 6.- builder to-installed pool fence to comply with barriers·for pnol finats.

4/15/24, 4:38 PM State of Arizona Mail - Complaint No. 2024-03831 LEGAL RECEIVED 04/15/2024

Legal New Mail - AZROC <[email redacted]>

Complaint No. 2024-03831 message

[email redacted] <[email redacted]> Mon, Apr 15, 2024 at 3:26 PM To: [email redacted]

To Whom It May Concern,

Attached is my written response to Complaint No. 2024-03831

Pete Maguire | Builder

Modern Build Construction Residential | Commercial ROC 321538

4500 N. 32nd Street | Suite 201G

Phoenix, Arizona 85018

O+1.602.956.3520 | C +1.602.312.3720 | F +1.602.715.1972

[email redacted]

www.modernbuildco.com

Response to ROC complaint SAK.pdf 1031K

https://mail.google.com/mail/b/AEoRXRRjXgjg4L38FO_nLndcVahVeO6qEpZgQJsd2SaX6y0pOfT2/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-03831 S A K Electric and Plumbing Inc,

COMPLAINANT, v. CITATION Modern Build Construction LLC License No. ROC 321538,

RESPONDENT.

The Registrar issues this Citation to Modern Build Construction LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 16, 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 April 2, 2024, S A K Electric and Plumbing 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. 2024-03831. 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 16, 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 May 1, 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, May 1, 2024 to:

Respondent Certified Mail No: [number redacted]

Modern Build Construction LLC 4500 N 32nd St Ste. 201G Phoenix, AZ 85018

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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 Modern Build Construction LLC 4500 N 32nd St Ste. 201G Phoenix, AZ 85018 Complainant S A K Electric and Plumbing Inc. PO Box 6606 Mesa, AZ 85216 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. 2024-03831/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 9, 2024

Via U.S. Mail and Email

Complainant S A K Electric and Plumbing Inc. PO Box 6606 Mesa, AZ 85216

S A K Electric and Plumbing Inc. S. Meridian Rd. Apache Junction, AZ 85120

Via U.S. Mail and Email

Respondent Modern Build Construction LLC 4500 N 32nd St., Ste. 201G Phoenix, AZ 85018

Re: Complaint No. 2024-03831

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 16, 2024 and will review Respondent’s response, if one is submitted.

Sincerely,

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Joseph Harvey Hammer Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date Joseph Harvey Hammer Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/24, 9:48 AM State of Arizona Mail - case # 2024-03831 5/15/2024 ROC Legal

Answers - AZROC <[email redacted]>

case # 2024-03831 message

[email redacted] <[email redacted]> Wed, May 15, 2024 at 8:14 AM To: ROC <[email redacted]>

To whom it may concern

This is my written response to the citation issued against me and my company.

I’m sure you find justification in my answer to dismiss this citation.

Sincerely

Pete Maguire | Builder

Modern Build Construction Residential | Commercial ROC 321538

4500 N. 32nd Street | Suite 201G

Phoenix, Arizona 85018

O+1.602.956.3520 | C +1.602.312.3720 | F +1.602.715.1972

[email redacted]

www.modernbuildco.com

https://mail.google.com/mail/b/AEoRXRTiq8XP4uh4pRmoY9s4u8Y1Nm-jSm9kV1CwOg-8IKPvLz3r/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 Received 5/15/24, 9:48 AM State of Arizona Mail - case # 2024-03831 5/15/2024 ROC Legal

Response to ROC citation 5-14-23.pdf 4847K

https://mail.google.com/mail/b/AEoRXRTiq8XP4uh4pRmoY9s4u8Y1Nm-jSm9kV1CwOg-8IKPvLz3r/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 Legal New Mail - AZROC <[email redacted]>

Fwd: Case 2024-03831 - Citation and Complaint - DO NOT REPLY messages

JOSEPH HAMMER <[email redacted]> Thu, May 23, 2024 at 5:44 AM To: "[email redacted]" <[email redacted]>

Good Morning,

I was hoping someone could update me on the status of this complaint.

Thank you, Joe Hammer ---------- Original Message ---------- From: Tedi Quezada <[email redacted]> To: [email redacted] Date: 05/01/2024 8:00 AM MST Subject: Case 2024-03831 - Citation and Complaint - DO NOT REPLY

Hello,

Attached is an electronic courtesy copy of the Citation and Complaint issued in Case 2024-03831. This document was also sent to your attention via US Mail.

PLEASE DO NOT REPLY DIRECTLY TO THIS EMAIL. Any reply or response should be addressed to [email redacted]

Thank you

Tedi Quezada Legal Assistant II Legal Department Arizona Registrar of Contractors Main: 602.542-1525

Email: [email redacted]

The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you!

20240501 Citation and Complaint 2024-03831 MAIL.pdf 4335K

Legal New Mail - AZROC <[email redacted]> Thu, May 23, 2024 at 4:29 PM To: JOSEPH HAMMER <[email redacted]>

Hello,

An Answer was filed that requested to a dismissal. That dismissal has been reviewed and a formal order was issued today. You should have received a copy of that Order.

The matter will not be set for hearing. Once we have a hearing date from the Office of Administrative Hearings, a formal Notice of Hearing that provided the date of the hearing, time, and the assigned Judge. That Notice of Hearing will also provide instructions on what to expect next.

Please do not hesitate to contact the Legal Department at 602-542-1525 if you have further questions.

Thank you,

Arizona Registrar of Contractors Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you! [Quoted text hidden] REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

S A K Electric and Plumbing Inc., Case No. 2024-03831 COMPLAINANT, v. Modern Build Construction LLC, ORDER DENYING REQUEST TO License No. ROC 321538, DISMISS RESPONDENT.

BACKGROUND On May 1, 2024, the Registrar issued a citation against Respondent’s License No. 321538. Respondent filed its Answer on May 15, 2024. The Answer included a request to dismiss the citation and close the complaint. Respondent argued in its Answer that it has not received payment from its client for Complainant’s invoices because of poor workmanship, and dispute over the invoices as wrongful and inaccurate. 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 has not provided sufficient information or evidence to show, as required by A.R.S. § 32-1154 (A)(10), 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” for the Registrar to dismiss this matter. (emphasis added). Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge.

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 A Notice of Hearing will be issued in due course. Dated May 23, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail May 23, 2024 to: Respondent(s) Modern Build Construction LLC 4500 N. 32nd St.,Ste 201G Phoenix, AZ 85018 Complainant(s) S A K Electric and Plumbing Inc. S. Meridian Rd. Apache Junction, AZ 85120 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. 2024-03831/

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 Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/2024 ROC Legal Received 5/15/24, 9:48 AM State of Arizona Mail - case # 2024-03831 5/15/2024 ROC Legal

Answers - AZROC <[email redacted]>

case # 2024-03831 message

[email redacted] <[email redacted]> Wed, May 15, 2024 at 8:14 AM To: ROC <[email redacted]>

To whom it may concern

This is my written response to the citation issued against me and my company.

I’m sure you find justification in my answer to dismiss this citation.

Sincerely

Pete Maguire | Builder

Modern Build Construction Residential | Commercial ROC 321538

4500 N. 32nd Street | Suite 201G

Phoenix, Arizona 85018

O+1.602.956.3520 | C +1.602.312.3720 | F +1.602.715.1972

[email redacted]

www.modernbuildco.com

Response to ROC citation 5-14-23.pdf 4847K

https://mail.google.com/mail/b/AEoRXRTiq8XP4uh4pRmoY9s4u8Y1Nm-jSm9kV1CwOg-8IKPvLz3r/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 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