2024A-04067-NPC-ROC Notice of Hearing & Packet MAILED 2024-04067.pdf
2024A-04067-NPC-ROC · Registrar of Contractors · 2024-07-05
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
MoraVel Construction LLC, Case No. 2024-04067
COMPLAINANT, Docket No. 2024A-04067-NPC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Henry Benning Associates Inc. License No. ROC 334963,
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 1:00 PM Kay Abramsohn 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 30, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED
The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will
be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES
The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and
processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via
video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET
In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents
are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS
The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law
Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.
The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT
At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE
The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com
If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of
extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed
Complaints – Resolved/Settled/Withdrawn.”
Dated July 5, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail July 5, 2024 to:
Respondent(s) Henry Benning Associates Inc. 1205 Myrtle Ave El Paso, TX 79901
Respondent's Attorney Guy William Bluff, Esq. 5901 Wyoming Blvd NE #J-299 Albuquerque, NM 87109 Complainant(s) MoraVel Construction LLC 10201 S Brandywine Lane Tucson, AZ 85736 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. 2024-04067 /
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
April 9, 2024
Via U.S. Mail and Email
Complainant MoraVel Construction LLC 10201 S Brandywine Lane Tucson, AZ 85736
Via U.S. Mail and Email
Respondent Henry Benning Associates Inc 1205 Myrtle Ave El Paso, TX 79901
Re: Complaint No. 2024-04067
Dear Complainant and Respondent:
The Registrar received a complaint filed against Henry Benning Associates Inc for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.
Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by April 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.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,
/s/Madelyn Hayes Madelyn Hayes Legal Assistant II 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 Legal New Mail - AZROC <[email redacted]>
2024-04067 MoraVel Construction v. Henry Benning Associates message
Guy W. Bluff <[email redacted]> Tue, Apr 16, 2024 at 7:48 AM To: [email redacted] Cc: Henry Benning <[email redacted]>, "Guy W. Bluff" <[email redacted]>
My office represents Henry Benning Associates, Inc. In the afternoon of Monday Apr/15/2024, my client received the attached complaint by mail. The deadline for response is noted as Apr/16/2024.
We are requesting a short extension of time through Friday Apr/19/2024 to provide Respondent's written response to the complaint. Respondent has valid legal defenses to the claims raised but it was not possible to prepare a response the same day as the complaint was received.
Guy W. Bluff, Esq.
ABQ 505-300-5310; PHX 602-452-2000; ABQ Office: 7007 Wyoming Blvd NE, Ste D-6, Albuquerque, NM 87109 PHX Office: 4205 N 7th Ave, Ste 201, Phoenix, AZ 85013
2024-04-09 ROC Complaint - MoraVel Construction.pdf 58K Received 4/16/2024 ROC Legal
Mailing: 5901 Wyoming Blvd NE #J-299 Office: 7007 Wyoming Blvd NE #D-6 Albuquerque, NM 87109 Tel: 505-908-3100 Fax: 623-748-5429 Licensed in AZ, CA, CO, NM [email redacted]
April 16, 2024 279/24-4067
Arizona Registrar of Contractors [email redacted] Attn: Madelyn Hayes PO Box 18242 Phoenix, AZ 85005-8244
File: MoraVel Construction, LLC v. Henry Benning Associates, Inc. Arizona Registrar of Contractors 2024-04067 Subj: Initial Response to Complaint
Dear Ms. Hayes,
My office represents Henry Benning Associates, Inc. We acknowledge receipt of the April 9, 2024 letter advising that a complaint has been filed by MoraVel Construction, LLC alleging non-payment of materials or services rendered.
The Registrar’s letter was not received by Respondent until the afternoon of April 15, 2024 and did NOT INCLUDE a copy of the actual complaint filed by MoraVel making it impossible to provide a detailed written response by the April 16, 2024 deadline.
My client acknowledges that there is an outstanding balance due to Claimant in the amount of $63,900.00 for work performed at the Tractor Supply Project – 9848 East Old Vail Road, Tucson for which Respondent was the general contractor.
Respondent has not been paid the contract balance due from the project owner STNL Tucson SE, LLC and otherwise lacks the capacity to pay Claimant due to the owner’s failure to pay all monies owed to Respondent for work on the project. In March, 2024, Respondent recorded a mechanic’s lien with Pima County in the amount of $1,159,118 to protect the interests of itself and the various other subcontractor trades and material suppliers. On April 15, 2024, Respondent filed an amended lien claim to Received 4/16/2024 ROC Legal
include the final contract billings and amounts owed to Respondent from STNL as the Owner. A copy of the recorded amended mechanic’s lien is attached.
Respondent and the project owner are scheduled for mediation (as required by the prime contract) on April 24, 2024 at which time it is hopeful that the project owner will agree to pay the remaining balances owed to Respondent on the project which will also allow Respondent to pay Claimant the $63,900.00 which remains outstanding. If the mediation is not successful in resolving the balances owned to Respondent, it intends to immediately initiate arbitration proceedings before the American Arbitration Association as required by the prime contract agreement.
Respondent denies all other allegations not otherwise affirmatively admitted to. Once the mediation has been completed, Respondent should be able to provide an update to both the Registrar and the Claimant as to the status of payment.
Respectfully,
Guy W. Bluff
Encls: 2024-04-15 HBA Amended Mechanic’s Lien
Cc: Client Received 4/16/2024 ROC Legal Received 4/16/2024 ROC Legal Received 4/16/2024 ROC Legal Received 4/16/2024 ROC Legal Received 4/16/2024 ROC Legal Received 4/16/2024 ROC Legal Received 4/16/2024 ROC Legal Received 4/17/24, 9:58 AM State of Arizona Mail - 2024-04067 MoraVel Construction v. Henry Benning Associates - Answer to4/16/2024 Complaint ROC Legal
Legal New Mail - AZROC <[email redacted]>
2024-04067 MoraVel Construction v. Henry Benning Associates - Answer to Complaint message
Guy W. Bluff <[email redacted]> Tue, Apr 16, 2024 at 4:14 PM To: [email redacted] Cc: Henry Benning <[email redacted]>, Elizabeth Benning <[email redacted]>, "Guy W. Bluff" <[email redacted]>
Please see attached
Guy W. Bluff, Esq.
ABQ 505-300-5310; PHX 602-452-2000; ABQ Office: 7007 Wyoming Blvd NE, Ste D-6, Albuquerque, NM 87109 PHX Office: 4205 N 7th Ave, Ste 201, Phoenix, AZ 85013
2024-04-16 Response to ROC Complaint.pdf 647K
https://mail.google.com/mail/b/AEoRXRTc6AQM3WROV-G3apSi7qX_hofZn3Tw0JQ0I9DGtlFvJ2GK/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA MoraVel Construction LLC, Case No. 2024-04067 COMPLAINANT,
v. Henry Benning Associates Inc License No. ROC 334963, CITATION RESPONDENT.
The Registrar issues this Citation to Henry Benning Associates Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 15, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On April 8, 2024, MoraVel Construction 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
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 capacity to pay and has not received sufficient monies as payment for the particular construction work 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 project or operation for which the services or materials were rendered or purchased.
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:
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. 2024-04067. 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
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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 Registrar no later than June 15, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, 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).
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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 Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in 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 30, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors
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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 of the foregoing mailed by Certified Mail, Return Receipt Requested, May 30, 2024 to:
Respondent Certified Mail No: [number redacted]
Henry Benning Associates Inc 1205 Myrtle Ave El Paso, TX 79901 Copy mailed by USPS First Class mail this same date to: Henry Benning Associates Inc 1205 Myrtle Ave El Paso, TX 79901
Complainant MoraVel Construction LLC 10201 S Brandywine Lane Tucson, AZ 85736
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. 2024-04067 / MTH
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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 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) Stella Veliz-Morales Street Address City State Zip Code 10201 S Brandywine Ln Tucson Arizona 85736 Phone Number Email Address [number redacted] [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) Henry Benning Associates Inc ROC 334963 Street Address City State Zip Code 1205 Myrtle Ave El Paso TX 79901 Phone Number Email Address
Name of Person(s) Representing License Henry Benning Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $63,900.00 June 22, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. AIA Documents G702 and G703, Application 001 in the amount of $63,900, dated Nov. 9, 2023, as required by Henry Benning
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 Stella Veliz-Morales 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 Stella Veliz-Morales June 22, 2023
Mr. Horacio A. Morales MoraVel Construction LLC. 120201 Brandywine Ln. Tucson, AZ 85736
RE: Subcontract No. 2216-20-S
VIA E-Mail: [email redacted]
Dear Mr. Morales,
Enclosed are your Subcontract, safety rules and regulations, and W-9 form in PDF format. Please sign and return subcontract agreement to our office within five (5) days. Please complete, sign and return to our office the enclosed W-9 prior to your first billing.
Please send proof of Worker’s Compensation insurance to our office within (5) five days.
Certificates of Insurance naming STNL Tucson SE, LLC (STNL) and HENRY BENNING ASSOCIATES, INC. (HBAINC) as additional insured are to be forwarded to our office before starting the work. The Certificates of Insurance should also reference the STNL project. Bi-Monthly progress billing showing percentage of completion, stored materials and properly itemized schedule of values are due in our offices in duplicate no later than the 9 th and the 24th day of the month.
Subcontractor shall provide a certification statement, included with each materials submittal, stating that no asbestos containing materials or work is included within the scope of the proposed submittal.
We look forward to working with you on this project.
Very truly yours,
Henry Benning
Henry Benning, President Enclosures (5)
www.BENNINGCONSTRUCT.COM 1205 Myrtle, El Paso, TX. 79901 • Telephone (915) 533-4300. Facsimile (915) 533-4280 LICENSED IN: TX, NM 378826 • AZ ROC 334963 June 22, 2023
RE: Subcontract No.2216-20-S MoraVel Construction, LLC Project No. & Name: 2216 – New Tractor Supply Building and Appurtenances Location: 9848 East Old Vail Road, Tucson, AZ 85747
Dear Ms. Morales,
Welcome to the project! To establish a General Contractor-Subcontractor relationship, we will require the following information and forms to be completed and returned to our office within five (5) days of the issuance of this letter:
1. Please sign and return subcontract agreement. 2. Please complete, sign, and return Form W-9.
3. Please ask your insurance agent to forward a Certificate of Insurance, naming HBAINC and STNL as additional insured with a waiver of subrogation, to our office, showing the following limits:
Each Occurrence $1,000,000.00
Damage to Rented Premises $100,000.00
Medical Expenses $10,000.00
Personal $ ADV Injury $1,000,000.00
General Aggregate $2,000,000.00
Products-Comp/OP AGG $2,000,000.00
Auto $1,000,000.00
4. Please provide an itemized schedule of values for the entire project by section. Schedule of values must include work performed, materials purchased, and material suppliers.
5. Submit all requests for payment on AIA form G702-703, with a schedule of values, in time to arrive at our office, by the 9th and 24th of each month.
We look forward to working with you on this project.
Very truly yours, Henry Benning Henry Benning, President
www.BENNINGCONSTRUCT.COM 1205 Myrtle, El Paso, TX. 79901 • Telephone (915) 533-4300. Facsimile (915) 533-4280 LICENSED IN: TX, NM 378826 • AZ ROC 334963 HBAINC Tucson, Arizona STANDARD SUBCONTRACT FORM
2216-20-S This agreement made and entered into this June 22, 2023 by and between MORAVEL CONSTRUCTION, LLC., with principle offices at 10201 Brandywine Ln., Tucson, AZ 85736 hereinafter called the Sub-Contractor, and HENRY BENNING ASSOCIATES, INC. (HBAINC), hereinafter called the Contractor, witnesseth: That the Sub-Contractor and the Contractor in consideration of the terms, covenants and conditions herein contained hereby agree as follows: SECTION 1: The Sub-Contractor agrees to furnish all materials and services as described in Division 1 General Requirements, Division 05 Metals & Division Finishes on the Drawings hereof for the New Tractor Supply Building and Appurtenances – Tucson, AZ located at 9848 East Old Vail Road, Tucson, AZ 85747 for STNL Tucson SE LLC hereinafter called the Owner at in accordance with all terms, covenants and conditions of the General Contract between the Owner and the Contractor HBAINC.
SECTION 2: The provisions set forth upon the reverse side hereof, and hereby incorporated into and made a part of this sub-contract.
SECTION 3: The Sub-Contractor and the Contractor agree that the materials to be furnished and the work to be done by the Sub-Contractor are:
To furnish all labor, material and equipment necessary for a complete Framing and Finishes job in strict accordance with the plans and specifications inclusive thereto as prepared by Oxford Architecture: Cover Sheet Dated 03-04-22 Revised 08-26-22; Architectural Drawings Sheets AS1.0 – A9.0 Dated 03-04-22 Revised 08-26-22, 18 pages; Structural Drawings Sheets S1.0 – S5.3 Dated 03-04-22 Revised 08-26-22, 14 pages; Mechanical Drawings Sheets M1.0 – M2.0 Dated 03-04-22 Revised 08-26-22, 2 pages; Plumbing Drawings Sheets P1.0 – P3.0 Dated 03-04-22, 3 pages; Fire Protection Drawings Sheet FP 1.0 Dated 03-04-22, 1 page; Electrical Drawings Sheets ES1.0 – E5.0 Dated 03-04-22 Revised 08-26-22, 8 pages; Civil Drawing Sheets Dated 09-19-22, 24 pages; Landscape Drawing Sheets L-01 through L-06 Dated 09-19-22, 6 pages; Water Harvesting Drawing Sheets WH-01 – WH-02 Dated 9-21-22, 2 pages; Native Plant Preservation Plan Sheet NP-01 Dated 09-21-22, 1 page; Geotechnical Report by Alpha Arizona Survey and Engineering Geotech, Dated 03-22-22; Seismic Refraction Survey by Geological Consultants Inc. Dated 11-24-21, 33 pages; Greenhouse Drawing Sheets Zuendt Engineering Dated 02-23-21 (cover sheet) 16 pages; including but not limited to the following: all metal stud framing; insulation of metal stud framed walls; drywall, fire rated plywood as shown and called out on the drawings; FRP Paneling as shown; Aluminum Mesh at Pet Wash Area; tape, bed and finish to a level 4 finish; subcontractors proposal attached; full time on-site supervision, on-site foreman, clean up area daily and all other necessary and related items to satisfactorily complete the work as designed and specified in the contract documents.
Subcontractor acknowledges and agrees to the Construction schedule attached and made a part of this agreement. And furthermore understands that time is of the essence on this project and if subcontractor falls behind on the scheduled progress of its work that subcontractor will immediately work overtime and/or increase its crews to promptly make up its deficiency.
The work covered by the Subcontract will be performed in accordance with the Construction Schedule established by the General Contractor. Final payment shall be made when Subcontractor fully and satisfactorily performs all of Subcontractors obligations under this Subcontract and the General Construction work has been accepted and paid in full by STNL.
Subcontractor shall provide written warranty of their work for a period of not less than one (1) year or longer if required by the contract documents, from date of Substantial Completion. Project Close out package provided by the Sub-Contractor to include 1 set of Red Line Record Drawings, 1 set Record Submittals, 1 set Operation and Maintenance Manuals and a Flash Drive of Record Drawings, provide 1 copy of a notarized certification statement that no Asbestos Containing Building Material (ACBM) was used in the construction of the Project.
Subcontractor will keep and protect his own work and remove his trash daily from the project site and not damage any work already in place and complete. Subcontractor shall ensure that it and all of its Sub-subcontractors and assigns prevent illegal dumping in accordance with State and local Health Department Laws.
Subcontractor hereby acknowledges and agrees to the Safety Rules and Regulations which are made as a part of this agreement and further represents that they will abide by these Safety Rules and Regulations.
SECTION 4: The Sub-Contractor agrees: To keep himself thoroughly informed as to the progress of the job; to begin work seven days after notifications by the Contractor; to prosecute the work continuously and uninterruptedly with all possible speed; and, to complete the entire work covered by this sub-contract within - "a period of time determined in accordance with Section 19 on the reverse side hereof - after the work covered hereby is commenced. The Sub-Contractor however shall not be held responsible for any delays caused by the neglect, delay or default of the Contractor, the Owner or any other sub-contractor. Subcontractor shall notify HBAINC office within 24 hours of making a claim for additional work. Within three (3) working days subcontractor shall provide an itemized breakdown of any additional work requested. The itemized breakdown will provide line item unit costs and quantities required, labor, man hours sufficiently broken down, rate of pay per man, labor burden, including workers compensation insurance, equipment rental with rental company ticket and rates, overhead and profit percentage combined not to exceed 12%.
www.BENNINGCONSTRUCT.COM 1205 Myrtle, El Paso, TX. 79901 • Telephone (915) 533-4300. Facsimile (915) 533-4280 LICENSED IN: TX, NM 378826 • AZ ROC 334963 HBAINC Tucson, Arizona STANDARD SUBCONTRACT FORM
2216-20-S SECTION 5: IN CONSIDERATION WHEREOF and for the full and faithful performance of his work, the Contractor agrees to pay the Sub-Contractor the sum of Sixty Two Thousand Five Hundred Dollars, $62,500.00 , in current funds, subject to additions and deletions for changes as may be agreed upon in writing signed by both parties provided, that no payments are to be made unless the Sub-Contractor’s rate of progress, work done and material furnished are satisfactory to the Contractor and as herein agreed upon. Unless otherwise provided herein, the Contract Sum will be paid in installments as progress payments are made to Contractor. Sub-Contractor will be paid his proportionate interest in each progress payment, less a percentage equal to the percentage actually retained by Owner, or 10%, or the percentage as required by applicable law, as the case may be. Contractor shall have the right to withhold all or a portion of any installment or installments payable to Sub-Contractor if: (a) Sub-Contractor fails to comply with requirements regarding insurance contained in Paragraph 13 hereof; (ii) Sub-Contractor fails to present satisfactory evidence that all current bills for labor and materials, or other liabilities, have been paid in connection with this subcontract, or (iii) Sub-Contractor is in breach or default of any of Sub-Contractor's obligations hereunder. It is further agreed that Contractor shall be entitled to require written labor and/or materials lien released or waivers before any payment is made. The Contractor shall be entitled to a two (2%) percent prompt payment discount provided payment is made within Twelve (12) days from the 9th and 24th the day of the month the invoice is dated.
SECTION 6: Sub-Contractor has reviewed and is aware of the provisions of Section 39 indemnifying Contractor from the consequences of its own negligence.
IN WITNESS WHEREOF, the parties hereto have executed this agreement for themselves, their heirs, executors, successors, administrator, and assigns, on this day and year first above written. Including use tax.
MORAVEL CONSTRUCTION, LLC. HENRY BENNING ASSOCIATES, INC.
Horacio A. Morales Member By: ______________________________________________________ By: ______________________________________________________ Title Title
Attest:
Asst. Secretary
317661 SC Sub-Contractor’s License No.
By: Member W.C. Inc. Co. Pol. No. Expires Title
Contractors B&I CKA0514039 12/16/23 See Supplement Attached P.L. Inc. Co. Pol. No. Expires
Contractors B&I CKA0514039 12/16/23 Contractual Liability Pol. No. Expires
www.BENNINGCONSTRUCT.COM 1205 Myrtle, El Paso, TX. 79901 • Telephone (915) 533-4300. Facsimile (915) 533-4280 LICENSED IN: TX, NM 378826 • AZ ROC 334963 ADDITIONAL PROVISIONS OF SUB-CONTRACT THE SUB-CONTRACTOR AND THE CONTRACTOR AGREE THAT THE FOLLOWING TERMS, COVENANTS AND CONDITIONS ARE A PART OF THIS CONTRACT:
1. "General Contract" as used in this sub-contract means the contract between the Contractor 13. The Sub-Contractor shall carry and pay for (1) workmen’s compensation insurance; with and the Owner with respect to the work described in Section 1 of this sub-contract, together with limits of 500,000/500,000/500,000; (2) public and general liability insurance consisting of both all the provisions, general conditions, plans, drawings, specifications, and addenda which are made bodily injury and property damage coverage and including contractual liability coverage in a part thereof or referred to therein. Copies of all of the foregoing documents are on file at the minimum limits of 1,000,000 occurrence, 2,000,000 aggregate; and (3) automobile coverage with office of the Contractor and are available for inspection at all times. limits of 1,000,000 CSL. The Sub-Contractor shall furnish Contractor with copies of said policies or with certificates showing names of the carriers, numbers of the policies; policy limits and 2. The Sub-Contractor agrees to furnish all material and to perform all work required by this sub- expiration dates. Sub-Contractor hereby agrees to defend at its own cost and to indemnify and hold contract strictly in accordance with the General Contract. harmless the Contractor, its agents and employees, from any and all liability, damages, losses, claims, attorney's fees and expenses, howsoever caused, resulting directly or indirectly from or 3. Insofar as the provisions of the General Contract do not conflict with specific provisions herein connected with the performance of this agreement, irrespective of whether such liability, damages, contained, they and each of them are hereby incorporated into this sub-contract as fully as if losses, claims and/or expenses were actually or allegedly caused wholly or in part through the completely re-written herein, except that all of said non-conflicting provisions are amended as negligence of Contractor or any of its agents, employees or other Sub-Contractors. follows: wherever the "Owner" is referred to therein, the word "Contractor" shall be substituted therefore and wherever the "Contractor” is referred to therein the word "Sub-Contractor" shall be 14. The Sub-Contractor agrees to and does hereby accept full and exclusive liability for the substituted therefore. The Sub-Contractor agrees not to violate any term, covenant or condition of payment of any and all contributions or taxes for Unemployment Insurance and/or Old Age said General Contract. Retirement Benefit, Pensions or Annuities, now or hereafter imposed by the Government of the United States, and/or by the Government of any state or territory of the United States, which are 4. The Sub-contractor shall submit to the Contractor’s Office on or before the 9 th and 24th day of measured by the wages, salaries or other remunerations paid to persons employed by the Sub- each month, requisition for payment, in duplicate covering the value of the work completed to the Contractor and not the agent of the Contractor. satisfaction of the Owner during that month. If said requisitions are not delivered by the Sub- Contractor as above noted payment may be withheld for 30 additional days. 15. The Sub-Contractor shall route all equipment and materials to be used in the execution of this contract as designated by the Contractor, providing the transportation costs are not increased by 5. The Sub-Contractor shall furnish the Contractor with such partial releases and waivers of lien so doing. It is expressly agreed that the carrier so designated shall be the agent of the Sub- from his materialmen and creditors as the Contractor may request from time to time on labor and/or Contractor and not the agent of the Contractor. material and/or other claims, and final releases and waivers of lien at the time of final payment on this sub-contract. 16. Sub-Contractor agrees not to remove guards or safety appliances, except on authority of Contractor's Superintendent, and to replace such guards and appliances promptly. Failure to make 6. The Sub-Contractor shall take steps as necessary to timely pay and satisfy Sub-Contractor's such replacement will authorize Contractor to do such work and charge the costs thereof to Sub- suppliers, subcontractors, mechanics, and materialmen. In the event that Sub-Contractor or Sub- Contractor. Contractors suppliers, subcontractors, mechanics or materialmen shall file a lien, lien notice or affidavit in relation to the work, Contractor may bond around such liens, lien notices or lien 17. This sub-contract includes all changes, addenda, etc., to date and constitute the entire affidavits at Sub-Contractor’s expense understanding of the parties and supersedes any prior proposals, understandings correspondence and/or agreements. 7. The Sub-Contractor shall furnish, if requested by the Contractor, sworn affidavits from time to time, in accordance with the form provided by the Contractor, which shall state amounts due or to 18. The Sub-Contractor may not assign or attempt to assign any funds accrued or to accrue under become due, amounts paid, and any other information clearly to indicate the financial condition of this contract. the Sub-Contractor, insofar as it relates to labor and material furnished, and to be furnished, under this sub-contract, and the Contractor may take such steps as he may deem necessary' to protect 19. The Sub-Contractor agrees to prosecute his work, and the several parts thereof at such times himself against any claims. If at any time the Contractor shall determine that the Sub-Contractor’s and in such order as the Contractor considers necessary to keep the same sufficiently in advance financial condition has become, in Contractor's opinion, unsatisfactory the Sub-Contractor shall of the other parts of the building and to avoid any delay in the completion of the construction as a furnish satisfactory security to the Contractor within three days after written notice to his last whole. The Sub-Contractor shall reimburse the Contractor for any loss or damage, including but known address and in default of furnishing said security the Contractor shall have the option to not restricted to any liquidated damages which may become due the Owner under the General cancel this contract. In case of such cancellation the rights of the Contractor shall be the same as Contract, and attorney's fees and/or any extra expense paid or incurred by the Contractor which is if the Sub-Contractor had failed to perform this contract in whole or in part. due directly or indirectly due to (a) Sub-contractor’s failure to deliver any and all materials and/or supply labor, furnish equipment or services, etc., as required herein, and/or (b) Sub-Contractors 8. Regardless of the terms of payment provided for herein the Contractor shall not be required to failure to proper!}’ perform an}’ and all work in keeping with the progress of the general make any payments that would leave a balance due to Sub-Contractor insufficient or cover the construction work, and/or (c) to properly perform any term, covenant or condition in this sub- retained percentage plus an amount sufficient to satisfy all obligations of the Sub-Contractor, contract. If the Sub-Contractor fails or refuses to proceed with his work as directed by the hereunder. Contractor or fails to perform said work in accordance herewith in whole or in part, or fails to perform any term, covenant or condition contained in this sub-contract, the Contractor, may at 9. The Sub-Contractor agrees that monies received for the performance of this contract shall be Contractor's option, upon three (3) days written notice to the Sub-contractor's last known address, used for labor and material entering into this work and said monies shall not be diverted to satisfy take any steps Contractor deems advisable to secure any labor and/or materials, equipment, obligations of the Sub-Contractor on other contracts. services, etc., and may take over all of the Sub-contractor's equipment, materials, etc., to prosecute the work to completion. In case the Contractor deems the foregoing procedure necessary, all 10. The Sub-Contractor agrees to indemnify and save harmless the Owner and Contractor against monies expended and all of the losses, damages, attorney’s fees and extra expenses shall be all costs or claims for transportation, freight and express, on men, materials and equipment to deducted from the contract price herein stated, and if such expenditures, together with said losses, and/or from the job, and for all other incidental expenses in connection with his work, and to prepay damages, attorney’s fees and extra expenses exceeds the amount otherwise due to the Sub- the transportation charges on all materials, etc., shipped. Contractor hereunder, the Sub-Contractor agrees to pay to the Contractor on demand the full amount of such excess, together with interest hereon at the rate of six percent per annum until paid. 11. The Sub-Contractor agrees to comply with all applicable labor and employment laws, to Contractor may, in addition to the remedies specified above and all remedies otherwise available comply in all respects with the provisions of the Immigration Reform and Control Act of at law or in equity, exclude and/or remove Sub-Contractor from the job site and enjoin Sub- 1986 and all regulations promulgated pursuant to the authority thereof, and agrees not to pay less Contractor’s interference with the progress, performance and completion the job and the project. than the scale of wages prescribed in the General Contract, or not less than the scale prescribed by law in case the General Contract provides no such scale. If the Sub-Contractor fails to comply with 20. The Sub-Contractor shall promptly amend and make good any defective materials and/or the preceding sentence, the Contractor shall have the option to cancel this Sub-Contract forthwith, workmanship to the entire approval and acceptance of the Contractor, Owner and/or Architect and in addition to exercising any and all other rights given Contractor hereunder in the event of a breach their authorized representatives. Should the Sub-Contractor refuse or neglect to proceed at once hereof, including but not limited to all penalties in the General Contract. with the correction of rejected or defective materials and/or workmanship after receiving notice to do so, it is agreed that the Contractor shall have the right and power to have the defects remedied 12. The right is reserved by the Contractor to require changes in, deviations from, additions to, or changes made at the expense of the Sub-Contractor and the Sub-Contractor agrees to pay to the and omissions from the work herein contracted, and the sub-contract price shall be adjusted Contractor on demand any and all loss, attorney’s fees and/or expense paid or incurred by the accordingly. Before proceeding with any change, deviation, addition or omission, the Sub- Contractor in remedying such defects and/or making such changes, together with interest thereon Contractor will first obtain written authorization from the Contractor. The Sub-Contractor shall at the rate of six percent per annum, until paid, in addition to all other loss, damage, attorney’s fees have no dealings with the owner or his authorized representatives in regard to changes, extras or and extra expense which Sub-Contractor may become liable for under this sub-contract. omissions in connection with this work, but must deal only with the Contractor unless otherwise authorized by the Contractor. www.BENNINGCONSTRUCT.COM 1205 Myrtle, El Paso, TX. 79901 • Telephone (915) 533-4300. Facsimile (915) 533-4280 LICENSED IN: TX, NM 378826 • AZ ROC 334963 ADDITIONAL PROVISIONS OF SUB-CONTRACT THE SUB-CONTRACTOR AND THE CONTRACTOR AGREE THAT THE FOLLOWING TERMS, COVENANTS AND CONDITIONS ARE A PART OF THIS CONTRACT:
32. Anti-Discrimination-(a) The Sub-Contractor, in performing the work required by this 21. The Sub-Contractor shall effectually secure and protect his materials and work, and shall bear contract, shall not discriminate against any employees or applicants for employment because of and be liable for all loss and/or damage of any kind in connection therewith at any time prior to the race, creed, color, or national origin, (b) The Sub-Contractor agrees that the provision of paragraph final completion and acceptance thereof, unless said loss or damage is caused solely by the (a) above will also be inserted in all of its sub-contracts. For the purpose of this article, a "sub- negligence of the Contractor and subject to the provisions of Section 24 hereof-as they may apply. contract” is defined as any contract entered into by the Sub-contractor with any individual The Sub-Contractor shall reimburse the Contractor on demand for any breakage or other damage partnership, association, corporation, estate or trust, or other business enterprise or other legal to other work or materials occasioned by the Sub-Contractor in the execution of this sub-contract. entity, for a specific part of the work to be performed in connection with the supplies or services furnished under this contract; provided, however, that a contract for the furnishing of standard or 22. If the Sub-Contractor deems that surfaces or work to which his work is to be applied or affixed commercial articles or raw materials shall not be considered as a sub-contract. is unsatisfactory or unsuitable, written notification of said condition shall be given to the Contractor before proceeding or taking remedial action, otherwise Sub-Contractor shall be fully and solely 33. Although drawn by Contractor, this agreement shall in the event of any dispute over its responsible and liable for any and all expense, loss, or damage resulting from said condition and meaning or application, be interpreted fairly and reasonably and neither more strongly for nor Contractor shall be relieved of all liability in connection therewith. against either party.
23. The Sub-Contractor shall provide at his own expense, whatever storage sheds, workshops 34. Waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the and offices are necessary for the performance of this sub-contract, and shall remove same and same or any other provision hereof. thoroughly clean the premise at the completion of the work. 35. The Sub-Contractor agrees to make claims for extension of time or for damages for delays 24. The Sub-Contractor shall clean up and remove from the site as directed by the Contractor, or otherwise to the Contractor in the same manner as provided in the General Contract for like all rubbish and debris resulting from his work. Also he shall clean up to the satisfaction of the claims with the Contractor upon the Owner, and in such time as will enable the Contractor to Inspectors, all dirt, grease marks, etc., from walls, ceilings, floors, fixtures, etc., deposited or placed present such claims to the Owner for payment or recognition; and Contractor will not be liable to thereon as a result of the execution of this sub-contract. If the Sub-Contractor refuses or fails to Sub-Contractor on any claim not timely or properly presented, or until allowed by the Owner. perform this cleaning as directed by the Contractor, the Contractor shall have the right and power to proceed with said cleaning, and the Sub-Contractor will on demand repay to the Contractor the 36. Sub-Contractor agrees to perform all work in a good, first class and workman-like manner actual cost of said labor plus a reasonable percentage of such cost to cover supervision, insurance, and to the satisfaction of the Owner, Contractor and Architect, and further agrees that all work overhead and other related expenses. shall be performed and completed in compliance with all applicable environmental and other laws, codes, ordinances, rules, regulations and orders of Federal, State, Local Governmental and public 25. It is understood and agreed it has been the practice of the Contractor to carry Builders’ Risk bodies and agencies, including without limitation those governing or relating to occupational Fire Insurance in the amount of his estimate of full insurance to insurable value, including sub- health and safety, hazardous material and environmental protection. contracts. To the extent that such insurance is carried by the Contractor on the General Contract, the Sub-Contractor will have an interest in the insurance policy; however, the provisions of this 37. Sub-Contractor shall not bring, allow to be brought, cause to be brought, or dispose of or Section do not make it mandatory upon the Contractor to carry any insurance whatsoever for the allow or cause to be disposed of on or near the job site any hazardous materials. Hazardous material benefit of the Sub-Contractor. Sub-Contractor agrees he will assume the responsibility to determine shall include any and all material or substances, which are defined as "hazardous waste", to carry Builder's Risk Insurance, and only in such event, the Sub-Contractor agrees to submit "hazardous substances", or "extremely hazardous material or substances” under Federal, State or immediately for the purpose of determining values under the insurance coverage, a complete Local governmental law, and shall include, without limitation, asbestos, polychlorobiphenyls breakdown of this contract price showing materials, labor, expendable tools, supplies or any other (PCB's), radon, and radioactive substances. Sub-Contractor shall indemnify and hold Contractor thing or article of value, the cost of which is included in the contract price stated in this agreement. harmless from and against any liability, damage, penalty, cost and/or expense (including, without limitation, attorney’s fees) incurred by Contractor as a result of Sub-Contractor’s neglect or breach 26. The Sub-Contractor shall furnish promptly all samples, lists, drawings, cuts, schedules, etc., or the provisions of this paragraph and/or Contractor’s enforcement of the provisions of this required in connection with his work, but approval of same does not relieve him of his paragraph and/or indemnify. responsibility of complying with the requirements of the drawings and specifications. All transportation costs on samples and drawings furnished by the Sub-Contractor shall be paid by 38. If required by Owner or Contractor, Sub-Contractor shall furnish suitable performance, labor him. and material, and payment bonds in favor or Contractor in amounts and in a bonding company acceptable to Contractor. 27. The Sub-Contractor shall furnish all operating instructions and shall guarantee and warranty all work performed herein against defective materials and/or workmanship for a period of one (1) 39. To the fullest extent permitted by law, Sub-Contractor shall indemnify and hold year from the date of acceptance by the owner of the completed contract-unless a longer period of harmless Owner, Architect and Contractor and all of their agents and employees from and guarantee and warranty is called for in the contract documents, in which case Sub-Contractor’s against all claims, damages, losses, expenses (including but not limited to attorney's fees), guaranty and warranty shall comply with the Contract Documents. If required to do so by penalties, suits, actions and causes of action of any kind and nature arising out of or in any Contractor, Sub-Contractor shall provide a performance bond for Sub-Contractors warranty way connected with the performance or non-performance of the work under this sub- obligations, at Sub-Contractor’s own expense. contract, provided that any such claim, damage, loss, or expense, its attributable to bodily 28. If the Sub-Contractor makes use of the Contractor's hoisting facilities, he shall pay for this injury, sickness, disease or death, or to injury or to destruction of tangible property (other service unless otherwise stated herein. than the work itself) including the loss of use resulting there from, to the extent caused in whole or part by any negligent act or omission of Sub-Contractor, Owner, Architect and 29. If at any time any controversy shall arise between the Contractor and the Sub-Contractor with Contractor, or anyone directly or indirectly employed by the Sub-Contractor, Owner, respect to any matter or thing involved in this sub-contract, and which the parties hereto do not Architect and Contractor, or anyone whose acts they may be liable, regardless of whether promptly adjust and determine or which the Owner or his authorized representative cannot decide such claims against Owner, Architect and Contractor are compensable under Worker's or to the satisfaction of both parties hereto, then the written orders of the Contractor shall be followed Workman's Compensation Acts,, Disability Acts or other employee benefit laws, regardless and upon completion of the work and before the final settlement and payment is made, said of whether such claims are caused in whole or in part by the negligence of the Owner, controversy shall, if mutually agreeable to Contractor and Sub-Contractor, be decided by Architect or Contractor, or their employees or agents. Nor shall the indemnification arbitration; otherwise said controversy shall be decided by Court Action in which action the obligations under this paragraph be limited in any way by any limitation on the amount or prevailing party shall be entitled to have included in the judgment an award of reasonable attorney's type of damages, compensation, or benefits payable by or for Sub-Contractor under fees incurred in connection with said action. Worker's or Workman's Compensation Acts, Disability Benefit Acts, or other employee Benefit laws. Sub-Contractor shall further indemnify and hold Owner, Architect and 30. The Sub-Contractor shall hold and save the Contractor harmless from any liability including Contractor harmless from and against all claims, liabilities, losses, penalties, costs and costs and expenses including reasonable attorney's fees, for or on account of any patented or expenses (including, without limitation, attorney's fees) resulting to Owner, Architect or unpatented invention, article or appliance manufactured or used in the performance of this sub- Contractor by reason of Sub-Contractor's delay, breach or default under any provision of contract, including their use by the Owner. this sub-contract. 31. The Sub-Contractor shall not place on the work any equipment of which he is not sole owner 40. This contract shall be construed and interpreted in accordance with the laws of the State of unless he obtains written permission from the Contractor. Texas. Sub-Contractor hereby submits itself to the jurisdiction of the courts of the State of Texas for purposes of any disputes involving this sub-contract or the enforcement of any obligations hereunder; and Sub-Contractor further agrees that venue is proper in El Paso Country, Texas for such purposes. www.BENNINGCONSTRUCT.COM 1205 Myrtle, El Paso, TX. 79901 • Telephone (915) 533-4300. Facsimile (915) 533-4280 LICENSED IN: TX, NM 378826 • AZ ROC 334963 Safety Rules and Regulations
Abide by all safety regulations as outlined by OSHA.
Hard hats are required 100% of the time.
All subcontractors, suppliers, visitors and principles must wear hardhats at all times when on the project site.
HBAINC has a NO SMOKING policy.
Erect and work on OSHA safe scaffolding.
Use cords with U.L. listing that have a ground prong attached.
Cords and tools must be plugged into GFCI protected outlets only.
HBAINC prohibits radios, boom boxes, tape, and headphones of any type or cd players.
Be aware that laser powered and powder actuated equipment may be present and in use.
Use and have on site only OSHA approved gasoline containers. Plastic containers are strictly prohibited.
Alcoholic beverages and drugs are not permitted on site.
Refrain from profanity at all times.
Clean work areas daily and store debris as directed by project superintendent.
Workers are not to stand or work on the top two steps of stepladders.
Any violations of the Safety Rules and Regulations will be reported to the subcontractors or suppliers insurance company.
www.BENNINGCONSTRUCT.COM 1205 Myrtle, El Paso, TX. 79901 • Telephone (915) 533-4300. Facsimile (915) 533-4280 LICENSED IN: TX, NM 378826 • AZ ROC 334963 HORACIO A. MORALES 520-440-1205 STELLA VELIZ-MORALES 520-440-0215 10201 S. Brandywine Ln., Tucson, AZ 85736
Construction, LLC [email redacted] ROC #317661
PROPOSAL AND CONTRACT Contract Submitted to General Contractor: Email: [email redacted] Project Name & Location: Attn: Joe Castillo Tractor Supply Company BENNING CONSTRUCTION COMPANY Old Vail Rd. 1205 Myrtle Ave., El Paso, TX 79901 Vail, AZ
On this this 13th day of September, 2023, Sub-Contractor, MoraVel Construction, LLC (SC) hereby proposes the following Contract to Benning Construction Company (GC) for installment of one (1) interior door and reinstalment of six (6) interior doors installed incorrectly by others. All scrap materials will be put in the trash receptacle if one is provided by GC or will be put in one pile and removed by GC at GC’s expense. There will be an additional dump charge above the Contract price if SC is required to remove scrap materials from site. Contract price: Nine Hundred ($900.00) Dollars. TERMS AND CONDITIONS This Contract is subject to acceptance within Fifteen (15) days, and is thereafter subject to materials price increase. The above Work shall be performed in accordance with the drawings and specifications submitted. The above Work shall be completed in a workmanlike manner. All Labor is guaranteed to be as specified for up to One (1) year from completion. No guarantee on materials provided by GC. SC shall not be responsible for any defects due to any work performed by others that directly or indirectly affects SC’s Work. The GC shall take all necessary precautions to properly protect the Work of SC from damage caused by any operations on the job. SC shall not be responsible for damage to any item(s) stored at the job site that interfere with the production of SC’s Work. Back charges shall be accepted in written form at SC’s office with, at least, 48 hours to respond. SC, at SC’s discretion, shall back charge the GC for additional labor and replacement materials vandalized or stolen by third parties, or from damage caused by another trade, contractor or third parties. Any alteration(s) or deviation(s) from the above specifications involving extra costs shall be executed only upon agreement between GC and SC, and shall become an extra charge over and above the contract bid. All agreements are contingent upon strikes, accidents, or delays beyond SC’s control. GC shall pay SC in current funds for performance of the Work, subject to change order additions and deductions, all in full upon completion. Interest at a rate of one and one half (1.5%) percent of the outstanding balance and any collection and/or attorneys’ fees to collect on this account will be charged to the GC if unpaid after fourteen (14) days of the completion of SC’s work. GC have the right to file a written complaint for an alleged violation of section 32-1154, subsection A; with the AZ Registrar of Contractors at 1700 W. Washington St. Phoenix, AZ 85007-2812 (602)542-1525, www.azroc.gov.
Respectfully submitted: Horacio A. Morales, Sub-Contractor ACCEPTANCE OF CONTRACT The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as described above.
Authorized Signature Title Date of Acceptance 2 001 Henry Benning Associates, Inc. 2216-New Tractor Supply x 1205 Myrtle 9848 E. Old Vail Rd. El Paso, TX 79901 Tucson, AZ 85747 November 9, 2023
MoraVel Construction, LLC 10201 S. Brandywine Ln. Tucson, AZ 85736 Metal Stud Framing/Insulation/Drywall/FR Plywood/FRP Board/Aluminum Mesh June 22, 2023
I declare under penalty of perjury that the foregoing is true and correct. 62,500 1,400 63,900 63,900 11/8/2023 aaaaa aaaaaaaaaaaaaa Stella Veliz-Moralesaaaaaaaaaaaaaaaaaaaaaaaaaaaa for MoraVel Construction, LLC aa QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ qqqqqqqqqqqqq aaaaaaaaaaaaaaaaaaaa BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ xxxxxxxxxxxxxxxxxxx BBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ
63,900
63,900 2/2 001 November 8, 2023 November 9, 2023
Metal Stud Framing $ 28,125 $ 28,125 $ 28,125 100%
Insulation of Metal Stud $ 3,125 $ 3,125 $ 3,125 100% Framed Walls
Fire Rated Plywood $ 12,500 $ 12,500 $ 12,500 100%
Drywall: Install, Tape, Level 4 $ 11,250 $ 11,250 $ 11,250 100% Finish FRP Paneling $ 6,875 $6,875 $ 6,875 100%
Aluminum Mesh $ 625 $ 625 $ 625 100% Change Orders Requested and Approved by Joe Castillo:
Front Door Box Header Angle $ 500 $ 500 $ 500 100% Iron: L6 x 4 x 3/8 x 6", LLV w/34/" Dia. Titen HD
Installation of one dressing $ 900 $ 900 $ 900 100% room door and adjustment of six additional doors
$ 63,900 $ 63,900 $ 63,900 100% 4/1/24, 2:32 PM RE: Tractor Supply Vail - Doors - MoraVel Construction LLC - Outlook
RE: Tractor Supply Vail - Doors Joe Castillo <[email redacted]> Wed 9/13/2023 11:56 AM To:MoraVel Construction LLC <[email redacted]> Cc:Henry Benning <[email redacted]>;Yvette Riddick <[email redacted]> You are good to proceed with the Doors . Thank you.
From: MoraVel Construction LLC <[email redacted]> Sent: Wednesday, September 13, 2023 11:04 AM To: Joe Castillo <[email redacted]> Cc: Henry Benning <[email redacted]>; Yvette Riddick <[email redacted]> Subject: Tractor Supply Vail - Doors
MoraVel Construction, LLC Horacio Morales 520-440-1205 Stella Veliz-Morales 520-440-0215
about:blank 1/1 Received 6/17/2024 ROC Legal 1151/02
Guy W. Bluff, Esq. #010778 BLUFF & ASSOCIATES 7007 Wyoming Blvd NE, Ste D6 Albuquerque, NM 87109 Tel: 505-300-5310 e-Fax: 623-748-5429 [email redacted] Attorney for Respondent
BEFORE THE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
MoraVel Construction, LLC, Case No. 2024-04067 Complainant, WRITTEN ANSWER TO v. CITATION Henry Benning Associates, Inc, License No. ROC 334963 Respondent
Respondent Henry Benning Associates, Inc. by and through its counsel undersigned, hereby submits this written answer to the citation filed against it in the above-captioned matter dated May 30, 2024. Respondent denies each and every allegation of wrongdoing contained in the complaint. Respondent further denies violating A.R.S. § 32-1154(A)(10) as alleged in the Citation and Complaint. WHEREFORE, having fully answered the Citation and Complaint, Respondent requests that the same be dismissed. In the event that this matter is not dismissed, Respondent requests that this matter be transferred to the Office of Administrative Hearings for a full evidentiary hearing.
ROC 2024-04067 -1- Written Answer to Citation Received 6/17/2024 ROC Legal 1151/02
DATED this 17th day of June, 2024. BLUFF & ASSOCIATES
By: Guy W. Bluff, Esq. Attorney for Respondent
Original filed this 17th day of June, 2024 with: (Mark Form of Service) ARIZONA REGISTRAR OF CONTRACTORS Delivered 1700 W. Washington Street, Suite 105 [email redacted] E-Filed Phoenix, Arizona 85007 Mailed
Copy of the foregoing served this 15th day of June, 2024 upon: Name of Party / Representative Service Method Robert Stirling, Esq. – Assistant Attorney General Delivered ARIZONA REGISTRAR OF CONTRACTORS Faxed Legal Department [email redacted] E-Filed Phoenix, Arizona 85012 Mailed Attorney for AZ ROC MoraVel Construction, LLC Mailed 10201 S. Brandywine Lane Tucson, AZ 85736 2024-06-17 Answer to Citation
ROC 2024-04067 -2- Written Answer to Citation Received 6/18/24, 8:19 AM State of Arizona Mail - 2024-04067 MoraVel v. Henry Benning - Answer to Citation 6/17/2024 ROC Legal
Answers - AZROC <[email redacted]>
2024-04067 MoraVel v. Henry Benning - Answer to Citation message
Guy W. Bluff <[email redacted]> Mon, Jun 17, 2024 at 1:20 PM To: [email redacted] Cc: "Guy W. Bluff" <[email redacted]>, Henry Benning <[email redacted]>
Enclosed please find the Answer to Citation and Complaint for Respondent Henry Benning Associates, Inc.
Guy W. Bluff, Esq.
ABQ 505-300-5310; PHX 602-452-2000; ABQ Office: 7007 Wyoming Blvd NE, Ste D-6, Albuquerque, NM 87109 PHX Office: 4205 N 7th Ave, Ste 201, Phoenix, AZ 85013
2024-06-17 Answer to Citation.pdf 404K
https://mail.google.com/mail/b/AEoRXRT4l-02SqEaej7U4BJhG0yLuiEy5jb7IpIRcKArNrE-xxZX/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 1/1 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3