2024A-04359-CHC-ROC Notice of Hearing & Packet MAILED 2024-04359.pdf

2024A-04359-CHC-ROC · Registrar of Contractors · 2024-08-14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

David Cooney , Case No. 2024-04359

COMPLAINANT, Docket No. 2024A-04359-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE J & N Contracting LLC License No. ROC 343315,

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

HEARING INFORMATION The hearing is set for:

September 27, 2024 1:00 PM Samuel Fox 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 July 22, 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)(1) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 3 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated August 14, 2024.

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

Copy mailed via USPS First Class mail August 14, 2024 to:

Respondent(s) J & N Contracting LLC 14050 N 38th St Phoenix, AZ 85032

Complainant(s) David Cooney 22339 E Taxidea Way Phoenix, AZ 85048

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. 2024-04359 /

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

Case -2024-04359 J&N Contracting LLC JSI Photo 1 of 31

Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 2 of 31 Front of the house Case -2024-04359 J&N Contracting LLC JSI Photo 3 of 31 Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 4 of 31

Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 5 of 31 Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 6 of 31

Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 7 of 31 Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 8 of 31

Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 9 of 31

Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 10 of 31

Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 11 of 31 Holes in block and siding where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 12 of 31 Front of the house Case -2024-04359 J&N Contracting LLC JSI Photo 13 of 31

Exterior of shower window with the wrong color frame Case -2024-04359 J&N Contracting LLC JSI Photo 14 of 31 Trash and debris left over from remodel Case -2024-04359 J&N Contracting LLC JSI Photo 15 of 31

Trash and debris left over from remodel Case -2024-04359 J&N Contracting LLC JSI Photo 16 of 31

Shower floor that does not drain properly Case -2024-04359 J&N Contracting LLC JSI Photo 17 of 31 Shower floor that does not drain properly being demonstrated with water close to entry Case -2024-04359 J&N Contracting LLC JSI Photo 18 of 31 Shower floor that does not drain properly being demonstrated with water beyond entry Case -2024-04359 J&N Contracting LLC JSI Photo 19 of 31 Grab bars not yet installed Case -2024-04359 J&N Contracting LLC JSI Photo 20 of 31 Exterior of shower window with the wrong color frame and not tempered marks Case -2024-04359 J&N Contracting LLC JSI Photo 21 of 31

Shower head trim plate with a large gap that was caulked in to complete Case -2024-04359 J&N Contracting LLC JSI Photo 22 of 31 Window Frame with paint splatter Case -2024-04359 J&N Contracting LLC JSI Photo 23 of 31 Window Frame with paint splatter Case -2024-04359 J&N Contracting LLC JSI Photo 24 of 31 Window Frame with paint splatter Case -2024-04359 J&N Contracting LLC JSI Photo 25 of 31 Areas of the water closet pocket door that was damaged due to no guide Case -2024-04359 J&N Contracting LLC JSI Photo 26 of 31

Pocket door with the guide now on Case -2024-04359 J&N Contracting LLC JSI Photo 27 of 31 Vent cover missing in master bedroom Case -2024-04359 J&N Contracting LLC JSI Photo 28 of 31

No plumbing installed in vanity Case -2024-04359 J&N Contracting LLC JSI Photo 29 of 31 No plumbing installed in vanity Case -2024-04359 J&N Contracting LLC JSI Photo 30 of 31 Shower door not installed since shower still needs work done Case -2024-04359 J&N Contracting LLC JSI Photo 31 of 31 Electrical Cover door not closing properly Complainant: David Cooney 22339 E Taxidea Way Phoenix, AZ 85048

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: J & N Contracting LLC DBA: 14050 N 38th St Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 April 17, 2024

Re: Complaint No. 2024-04359

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Friday, May 17, 2024 at 09:45 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

Daniel Otero Daniel Otero, Investigator (928) 637-0484 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

Cc: File Respondent Complainant

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: David Cooney 22339 E Taxidea Way Phoenix, AZ 85048

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: J & N Contracting LLC DBA: 14050 N 38th St Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 24, 2024

License No. ROC 343315

Re:Complaint No. 2024-04359

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Wednesday, June 12, 2024.

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

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

Complaint Item: - Shower floor - water drains out the door opening after attempt to correct pooling due to improper grade to the drain Investigator’s Observation: Verified. At the time of the Inspection it was demonstrated by the complainant when the shower is turned on, the water makes its way to the doorway and out with the water only running for approximately 20 seconds. Only a small amount of the water goes to the drain. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: - Shower fixture - shower head has a large gap between wall and fixture base currently filled with caulk Investigator’s Observation: Verified. At the time of the Inspection it was observed the trim for the shower head was away from the wall well over 1/4 of an inch. This is not done in a manner common in the industry. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Shower grab bars not installed Investigator’s Observation: Verified. At the time of the Inspection it was observed the grab bars were in the shower on the bench still in the boxes. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Wooden window casing covered in splattered paint Investigator’s Observation: Verified. At the time of the Inspection it was observed there was a significant amount of splatter all over the window trim. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Pocket door installed without guide has resulted in scratches and marring of door Investigator’s Observation: Verified. At the time of the Inspection it was observed there were scratches on the bottom of the door where it had rubbed on the jamb. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Shower window exterior frame requires paint to match house (trim completed but not window frame) Investigator’s Observation: Verified. At the time of the Inspection it was observed the window frame did not match the other windows in the house and the glass is not tempered as it should be per code. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Exterior holes in cement/cinder block from attempts at routing require patch/paint Investigator’s Observation: Verified. At the time of the Inspection it was observed there were anchors left in the blocks and holes were still exposed where some of the anchors fell out. Also there was a hole drilled for electrical conduit that was not being used and an opening for pests to possibly enter. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Construction trash and debris have accumulated on deck, yard and back driveway for months. Investigator’s Observation: Verified. At the time of the Inspection it was observed there was construction trash and debris left from the remodel. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Glass shower door not installed yet due to correction required to floor Investigator’s Observation: Verified. At the time of the Inspection it was observed the shower door was not installed since the shower was not completed. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Floor heat vent cover to be installed as per design plan Investigator’s Observation: Verified. At the time of the Inspection it was observed the vent register was missing and never installed . The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

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

Complaint Item: - Heated tile floor - large tile at bathroom entry is lacking any heating Investigator’s Observation: Unable to verify poor workmanship due to items being permanently covered. The Registrar does not do destructive practices such as demolition to verify allegations. This is common industry practice and does not constitute poor workmanship. Governing Rule: Not Applicable

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

Sincerely,

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted]

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

CC: Respondent Complainant

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

Case No.: 2024-04359 Investigator: Daniel Otero Inspection Date: Friday, May 17, 2024 Inspection Time: 09:45 AM

Jobsite Address: 5185 Hidden Hollow Rd Flagstaff, AZ 86001

Complainant: David Cooney Respondent: J & N Contracting Not Present: LLC Not Present:

Jobsite General Notes: I arrived at the complainant’s residence at the scheduled time. We proceeded to inspect the items on the complaint list and I found the following:

I took 25 photos with my State issued phones digital camera. The photos have been scanned into Salesforce as a PDF file.

PHOTOGRAPHIC and AUDIO EVIDENCE (PDF copy scanned to Salesforce, Raw Files are in Salesforce)

Present at the JSI: Representing the ROC: Investigator Otero Representing the Complainant: David & Sarah Cooney Representing the Respondent: Nate Hayter

approximately 20 seconds. Only a small amount of the water goes to the drain. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Shower fixture - shower head has a large gap between wall and fixture base currently filled with caulk Investigator’s Observation: Verified. At the time of the Inspection it was observed the trim for the shower head was away from the wall well over 1/4 of an inch. This is not done in a manner common in the industry. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Pocket door installed without guide has resulted in scratches and marring of door Investigator’s Observation: Verified. At the time of the Inspection it was 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

observed there were scratches on the bottom of the door where it had rubbed on the jamb. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Electric override panel door in toilet area not functioning Investigator’s Observation: Verified. At the time of the Inspection it was demonstrated the door does not completely shut as it's intended. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Bath cabinet countertops, sink, faucet not installed yet due to side panel install to occur first. Investigator’s Observation: Verified. At the time of the Inspection it was observed none of the plumbing was installed at the vanities. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

ITEMS NOT REQUIRING CORRECTION:

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 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 C011 12/23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

David Cooney, Case No. 2024-04359 COMPLAINANT, v. J & N Contracting LLC CITATION License No. ROC 343315, RESPONDENT.

The Registrar issues this Citation to J & N Contracting LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 6, 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 16, 2024, David Cooney (“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)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

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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 Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9- 108(a): A contractor shall perform all work in a professional and

workmanlike manner.

Charge :3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

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. 2024-04359. How to File a Written Answer: Respondent’s written answer may be submitted in 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 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 August 6, 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). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of

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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 Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in 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

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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 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 July 22, 2024. By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 22, 2024 to: Respondent Certified Mail No: [number redacted] J & N Contracting LLC 14050 N 38th St Phoenix, AZ 85032

Copy mailed by USPS First Class mail this same date to: Respondent J & N Contracting LLC 14050 N 38th St Phoenix, AZ 85032 Complainant David Cooney 22339 E Taxidea Way Phoenix, AZ 85048 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. 2024-04359

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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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

David Cooney Mailing Address (Enter jobsite in Contract/Project section) City State Zip

22339 E Taxidea Way Phoenix Arizona 85048 Phone Number Email

480-415-0580 [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

J & N Contracting LLC ROC 343315 Street Address City State Zip

14050 N 38th St Phoenix AZ 85032 Phone Number Email

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

Jesus Frausto Contract/Project Information Contract Date Contract Amount Amount Paid

May 17, 2023 $58,601.30 $41,728.00 Date Work Started Date Work Stopped Date Work Was Completed

November 20, 2023 June 12, 2024 June 12, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

5185 Hidden Hollow Rd. Flagstaff AZ 86001 Name of Construction Site Owner Construction Site Name (if applicable)

David and Sarah Cooney Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Has any work been corrected? No

The contract was Written All change orders were Written This project was Residential This project involved Remodel

A building permit was obtained by Contractor BD-23-1642 Coconino List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Vanity cabinets were installed at 36" counter height prior to countertops, which is the height, per plans, WITH counter tops installed. With countertops installed, height is now 37.5 inches, 1.5 inches higher than plan/specs. Plans and previous texts with contractor also noted the plan to install cabinet base at 34.5 inches. Allegations Listed on Complaint:

Vanity cabinets installed at incorrect height.

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

David Cooney \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: F7DADFCE-0C7F-4F8F-B6C5-A06F52FE4191

CLIENT CONTRACT

This agreement ("Contract") is made effective May 17th, 2023 between J & N Contracting, LLC ("Contractor") & Sarah Cooney ("Client").

This contract is entered into between J & N Contracting, LLC (hereinafter refereed to as "Contractor") and Sarah Cooney ("Client"). Contractor & Client mutually agree as follows for 5185 Hidden Hollow Rd Flagstaff , Arizona 86001 1. Scope of Work: Contractor agrees to perform a bathroom remodeling project at the Client's property located at 5158 Hidden Hollow Road. The Project includes Demolition of existing - Full tear out, new subfloor installation for heated base, Steam shower custom installation LABOR ONLY (inc shatter proof window and grab bar for steam shower), Framing, Lumber, Drywall, Electrical, Plumbing, Heated flooring (inc hardware), Shower custom fit door full glass, Custom floating countertops: J & N Contracting, LLC is responsible for LABOR ONLY. 2. Payment Terms: a. The total cost of the Project is $25,873, payable as follows: All payements will be made to Solstizio Studios & Design, LLC by the client to be paid as a pass through to J & N Contracting, LLC. J & N Contracting, LLC & Solstizio Studios & Design, LLC will enter into a separate agreement: - $5,000 up front - $5,000 after full tear out and subfloor installation, and the remaining balance upon completion. b. Payments are due within 7 days of receipt of invoice. Late payments may be subject to a $500 fee per occurrence.

3. Change Orders: Any changes or additions to the Project must be agreed upon in writing by both parties. If there are any additional costs or time extensions resulting from change orders, they will be mutually determined and added as an addendum to the Contract. 3a. Change in Project Scope: If the Client requests any changes to the Project scope that will affect the cost or timeline, the Contractor will provide a written change order outlining the adjustments in price and schedule. The change order must be agreed upon and signed by both parties before any additional work is performed. DocuSign Envelope ID: F7DADFCE-0C7F-4F8F-B6C5-A06F52FE4191

CLIENT CONTRACT

4. Insurance and Bonding: Contractor shall maintain appropriate liability insurance and bonds as required by law. Proof of insurance and bonding will be provided upon request. 5. Project Timeline: Contractor will make reasonable efforts to complete the Project within the estimated timeline. However, delays caused by unforeseen circumstances or changes to the Project may occur. Contractor will promptly notify Client of any substantial delays. 6. Client's Responsibilities: Client agrees to: a. Provide timely access to the property during agreed-upon work hours. b. Secure all necessary permits, approvals, and permissions for items not included in Contractor's scope of work. c. Pay for any additional work or changes outside the scope of this Contract, as agreed upon in writing. 8. Warranties: Contractor warrants that all work performed under this Contract will be done in a professional and workmanlike manner. Any manufacturer warranties on materials will be transferred to the Client upon completion. Contractor shall perform all work in accordance with any applicable building codes and professional industry standards. All work performed by contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. 9. Termination: Either party may terminate this Contract upon written notice in the event of a material breach by the other party. In the event of termination, the Client shall be responsible for any work completed up to that point.

10. Dispute Resolution: Any disputes arising from this Contract shall be resolved through mediation or arbitration in accordance with the laws of Arizona. DocuSign Envelope ID: F7DADFCE-0C7F-4F8F-B6C5-A06F52FE4191

CLIENT CONTRACT

11. Indemnification: The Client agrees to indemnify, defend, and hold the Contractor harmless from any claims, damages, liabilities, or expenses (including attorney's fees) arising out of or related to the Project, except for claims resulting from the Contractor's negligence or willful misconduct.

12. Limitation of Liability: The Contractor's liability for any damages arising from the Project shall be limited to the total amount paid by the Client under this Contract. The Contractor shall not be liable for any consequential, indirect, or incidental damages.

15. Site Conditions: The Client acknowledges that the Contractor's ability to perform the work is contingent upon the existence of suitable and safe working conditions. If unforeseen site conditions, such as the presence of hazardous materials or structural issues, are discovered, the Contractor shall promptly notify the Client, and additional costs and time extensions may apply.

16. Subcontractors: The Contractor reserves the right to engage subcontractors for specific portions of the Project. The Contractor will be responsible for the supervision and payment of subcontractors, and they shall maintain necessary insurance and licenses.

17. Termination for Convenience: The Client may terminate this Contract for any reason by providing written notice to the Contractor. In such cases, the Client shall be responsible for payment of all completed work and any costs incurred by the Contractor plus an additional 25% termination fee up to the termination date. 18. Confidentiality: Both parties agree to keep any confidential information obtained during the course of the Project confidential and not disclose it to any third parties without prior written consent. DocuSign Envelope ID: F7DADFCE-0C7F-4F8F-B6C5-A06F52FE4191

CLIENT CONTRACT

19. Entire Agreement: This Contract constitutes the entire agreement between the parties and supersedes any prior agreements or understandings, whether written or oral, relating to the Project.

By signing below, the parties acknowledge and agree to the terms and conditions outlined in this Contract.

6/2/2023 CLIENT SIGNATURE: DATE: Sarah Cooney PRINT CLIENT NAME: J & N CONTRACTING: 5/17/2023 DATE: BY: Nathan Haydar, Member, J & N Contracting, LLC DocuSign Envelope ID: 53803980-2637-4DD5-9DF1-3FA21AD65667

Client Contract Sarah Cooney CLIENT NAME: 5185 Hidden Hollow Rd CLIENT ADDRESS: Flagstaff , Arizona 86001

PROJECT START DATE: May 22, 2023

$8,000.00 CONSULT RATE DEPOSIT $190.00 ($5,000 of deposit to be paid to J & N) PER HOUR: REQUIRED:

This contract is entered into between Solstizio Studios & Design, LLC (hereinafter refereed to as "Solstizio" or "Designer") and Sarah Cooney ("Client"). Designer & Client mutually agree as follows: 1) Designer agrees to perform interior & remodel design, staging & consulting services as outlined in this contract for Interior Design/Master Renovation Project ( "Project"): 2) Designer will provide Client with services that will define the character of the Project with regard to style, design, colors & materials which may include design concept, space planning, furniture planning, and staging. 3) Designer will help the Client with communicating with any contractors & project managers throughout the scope of the project. Client has met with J & N Contracting & agreed it will be the contractor for the scope of the project. As a courtesy to the client Solstizio Studios will enter into agreement with J & N contracting to facilitate payments from client through Solstizio Studios to J & N Contracting. Client will make payments to Solstizio Studios for design & contracting, but will not hold Solstizio Studios liable for contracting services. 4) Designer will offer Client access to Designer's wholesale pricing for materials and furnishings. In consideration therefor Client agrees to pay the Designer a 20% Preferred Vendor Fee based on the cost of the materials and furnishings, plus Designer's hourly rate for services related to ordering, both of which will be billed to Client. 5) The Client shall reimburse Designer for any additional costs that it may incur for travel, meals, parking, hotel, and other reasonable costs necessary to the performance of the services. These costs will be approved in writing by the Client before the Designer makes any travel plans. All reimbursments will be sent via Doc-u-sign for approval prior. DocuSign Envelope ID: 53803980-2637-4DD5-9DF1-3FA21AD65667 6) A non-refundable deposit of _ is required to start the Project. The deposit is due at the time of signing. The deposit will be used against future billings. If the Client cancels services the deposit will not be refunded & any additional hours and fees above the deposit will be billed accordingly.

7) Designer will let Client know of all order statuses and backorders as soon as possible, but is not responsible for vendors' change in lead times. The Client will get a weekly update on order status. If items arrive damaged, Designer will do all within reason to expedite the process of getting a replacement for the damaged goods. Client will have 10 days to report damaged goods.

8) Please note that many of our vendors are special order and items cannot be returned. Client shall make 100% payment upfront for all orders. After a payment has been processed by a vendor, most items cannot be returned or cancelled. Client requests to return or cancel a purchase will be assessed on a per-item basis with no guarantee of return or cancellation. Custom items cannot be cancelled or returned. Handling of all requests for returns and cancellations will be billed hourly. Designer handling and processing fees are non-refundable, even when associated with a return or cancellation.

9) Invoices are issued to Client every 2 weeks and payment to Designer is due within 7 days of the invoice date. Payments from Client for design hours shall be made through the Upstart platform. All invoices for the vendor/sourcing fee as well as sales tax reimbursements (only applicable for orders placed through vendor’s that are tax exempt for resale) shall be made through Solstizio Studio’s business Square account. 10) In the event any invoice amount is not paid when due, Designer may stop work until payment is received. A late fee of two percent (2%) per month, or part, may be assessed on all past due amounts. In the event any amount is not paid within sixty (60) calendar days after invoice date, Designer may take such action as may be necessary to enforce its rights hereunder, including but not limited to termination of this contract, referral for collection, and/or commencement of legal proceedings. Client shall pay all related attorney and collection fees incurred by Designer. 11) Client agrees that Designer does not guarantee that Designer's services will increase the sale value or rental revenue of any Client property as such an outcome is based on multiple factors including but not limited to photography, marketing, management, location, features/amenities and other things that affect property desirability. 12) No large purchases or renovation or design decisions will be made for the Client without prior approval. The Client agrees to a staging day budget up to : $500.00 per property for any additional last needed items, without prior Client approval which amount will be reimbursed to Designer when billed. 13) The Client agrees to let Designer take photos and videos during all stages of the project & the Designer may publish and use them for business purposes. Designer will also have access to all professional photos and may publish & use them for business purposes.

CLIENT SIGNATURE: DATE: 6/2/2023

PRINT CLIENT NAME: Sarah Cooney

SOLSTIZIO: 5/15/2023 BY: DATE: Hannah McKernan, Member, Solstizio Studios & Design, LLC Monday, April 15, 2024

Transaction Details

Amount: -$1,500.00 Description: Square Posted Date: January 19, 2024 Category: Cash Status: Posted Transaction Type: Solstizio Original Description: Square Inc Solstizio ***********HNKR Additional Details: ACH WITHDRAWAL Monday, April 15, 2024

Transaction Details

Amount: -$8,000.00 Description: Square Posted Date: June 5, 2023 Category: Cash Status: Posted Transaction Type: Solstizio Original Description: Square Inc Solstizio ***********X1QW Additional Details: ACH WITHDRAWAL Monday, April 15, 2024

Transaction Details

Amount: -$3,674.18 Description: Square Posted Date: January 29, 2024 Category: Cash Status: Posted Transaction Type: Solstizio Original Description: Square Inc Solstizio ***********TWNR Additional Details: ACH WITHDRAWAL Monday, April 15, 2024

Transaction Details

Amount: -$5,700.00 Description: Square Posted Date: December 8, 2023 Category: Cash Status: Posted Transaction Type: Solstizio Original Description: Square Inc Solstizio ***********EPRQ Additional Details: ACH WITHDRAWAL Sarah Cooney <[email redacted]>

You initiated a payment: Invoice #F.1 Solstizio Studio <[email redacted]> Mon, Apr 15, Reply-To: Solstizio Studio <CAESQhIoODU0XzI2Mjc2ZWE4LWViNjMtNDAzYy05MzYxLTBiZjg3M2JkZjg0NhoLYzo1MDQ1NjI1MTMiCW1lc3NlbmdlciIgf6VguOKnUNeKn/hZCXgpGpYgzttALmXa+kwnM+kFUCk=@reply2 To: [email redacted]

Solstizio Studio Payment initiated

$2,000.00 Payment initiated on April 15, 2024

This payment was made by bank transfer. Funds will be withdrawn from your account in 1 to 4 business days.

Final Design Fee 1 of 2 Invoice #F.1 April 15, 2024

Customer Sarah Cooney [email redacted] 480-316-7508 5185 Hidden Hollow Rd Flagstaff , Arizona 86001

Download Invoice PDF

Message Based on contract amount

Invoice summary

Design Fee $2,000.00 Remaining Balance @ end of project : $1500.00

Subtotal $2,000.00

Total Due $2,000.00

Solstizio Studio [email redacted]

Please contact Solstizio Studio about its privacy practices. Monday, April 15, 2024

Transaction Details

Amount: -$20,854.12 Description: Square Posted Date: August 21, 2023 Category: Cash Status: Posted Transaction Type: Solstizio Original Description: Square Inc Solstizio ***********VT1W Additional Details: ACH WITHDRAWAL Case -2024-04359 J&N Contracting LLC JSI Photo 1 of 31

Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 9 of 31

Holes in block where electrical conduit was removed Case -2024-04359 J&N Contracting LLC JSI Photo 10 of 31

Trash and debris left over from remodel Case -2024-04359 J&N Contracting LLC JSI Photo 16 of 31

Pocket door with the guide now on Case -2024-04359 J&N Contracting LLC JSI Photo 27 of 31 Vent cover missing in master bedroom Case -2024-04359 J&N Contracting LLC JSI Photo 28 of 31

Case No.: 2024-04359 Investigator: Daniel Otero Inspection Date: Friday, May 17, 2024 Inspection Time: 09:45 AM

Jobsite Address: 5185 Hidden Hollow Rd Flagstaff, AZ 86001

Complainant: David Cooney Respondent: J & N Contracting Not Present: LLC Not Present:

Jobsite General Notes: I arrived at the complainant’s residence at the scheduled time. We proceeded to inspect the items on the complaint list and I found the following:

I took 25 photos with my State issued phones digital camera. The photos have been scanned into Salesforce as a PDF file.

PHOTOGRAPHIC and AUDIO EVIDENCE (PDF copy scanned to Salesforce, Raw Files are in Salesforce)

Present at the JSI: Representing the ROC: Investigator Otero Representing the Complainant: David & Sarah Cooney Representing the Respondent: Nate Hayter

ITEMS NOT REQUIRING CORRECTION:

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 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 C011 12/23

Complainant: David Cooney 22339 E Taxidea Way Phoenix, AZ 85048

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: J & N Contracting LLC DBA: 14050 N 38th St Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 28, 2024

License No. ROC 343315

Re:Complaint No. 2024-04359

2ND WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

Complaint Item: - Shower floor - water drains out the door opening after attempt to correct pooling due to improper grade to the drain Investigator’s Observation: Verified. At the time of the Inspection it was demonstrated by the complainant when the shower is turned on, the water makes it's way to the doorway and out with the water only running for approximately 20 seconds. Only a small amount of the water goes to the drain. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THERE HAD BEEN NOTHING DONE TO THE SHOWER FLOOR SINCE IT STILL DRAINS OUT OF THE DOOR RATHER THAN THE DRAIN, IT APPEARED THE SAME AS THE ORIGINAL JOBSITE INSPECTION. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Shower grab bars not installed Investigator’s Observation: Verified. At the time of the Inspection it was observed the grab bars were in the shower on the bench still in the boxes. DURING THE COMPLIANCE INSPECTION IT WAS OBSERVED THE GRAB BARS WERE INSTALLED IN THE WRONG LOCATIONS The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Wooden window casing covered in splattered paint Investigator’s Observation: Verified. At the time of the Inspection it was observed there was a significant amount of splatter all over the window trim. THIS ORIGINAL ITEM WAS COMPLETED, DURING THE COMPLIANCE INSPECTION IT WAS OBSERVED THE CHEMICAL THAT WAS USED TO REMOVE THE PAINT SPLATTER DAMAGED THE FINISH ON THE TRIM. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Pocket door installed without guide has resulted in scratches and marring of door Investigator’s Observation: Verified. At the time of the Inspection it was observed there were scratches on the bottom of the door where it had rubbed on the jamb. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THERE HAD BEEN NOTHING DONE TO THE DOOR AND IT APPEARED THE SAME AS THE ORIGINAL JOBSITE INSPECTION. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Vanity cabinets installed at incorrect height. Investigator’s Observation: Verified. At the time of the Inspection it was observed the cabinets installed 3/4 of an inch to 1 1/2 inch higher than a typical bathroom vanity and per the plan provided to the Respondent. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that

Complaint Item: - Shower window exterior frame requires paint to match house (trim completed but not window frame) Investigator’s Observation: Verified. At the time of the Inspection it was observed the window frame did not match the other windows in the house and the glass is not tempered as it should be per code. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THE EXTERIOR PORTION OF THE WINDOW WAS PAINTED TO ROC STANDARDS BUT THE GLASS PORTION HAS NOT BEEN CHANGED OUT TO TEMPERED GLASS. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Construction trash and debris have accumulated on deck, yard and back driveway for months. Investigator’s Observation: Verified. At the time of the Inspection it was observed there was construction trash and debris left from the remodel. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THERE WAS STILL ALOT OF CONSTRUCTION DEBRIS AROUND THE FRONT OF THE HOUSE AND THE REAR AREA WHERE IT APPEARED TILE HAD BEEN CUT. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Complaint Item: - Glass shower door not installed yet due to correction required to floor Investigator’s Observation: Verified. At the time of the Inspection it was observed the shower door was not installed since the shower was not completed. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THERE HAD BEEN NOTHING DONE TO THE SHOWER FLOOR SO THE DOOR CANNOT BE INSTALLED, IT APPEARED THE SAME AS THE ORIGINAL JOBSITE INSPECTION. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 IT WAS OBSERVED THE VENT WAS INSTALLED BUT NOT THE CORRECT COLOR AS AGREED UPON. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3) - R4-9-108(c)

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: David Cooney 22339 E Taxidea Way Phoenix, AZ 85048

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: J & N Contracting LLC DBA: 14050 N 38th St Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-04359 Investigator: Daniel Otero #233 Inspection Date: Thursday, June 27, 2024 Inspection Time: 12:00 PM

Compliance Jobsite General Notes: I arrived at the complainant’s residence at the scheduled time. We proceeded to inspect the items on the Written Directive and I found the following:

Present at the CJSI: Representing the ROC: Investigator Otero Representing the Complainant: David & Sarah Cooney Representing the Respondent: NO SHOW

Compliance Findings: At the time of my Compliance inspection it was observed that 5 out of 13 items on the written directive were taken care of. The other items appeared as if they were not attended to or further damage was caused while attempting to remedy the items listed. Minimal communication was made to the Complainant for work to be completed or scheduled. Last minute attempts after consulting attorney were made to eliminate or extend original complaint and directive. There has been a new item added to the complaint as an addendum that was added to the CJSI also, the written directive has now been extended in order to accommodate the new item to be rectified along with any other items that can be resolved.

Compliance Item: - Shower floor - water drains out the door opening after attempt to correct pooling due to improper grade to the drain Investigator’s Observation: Verified. At the time of the Inspection it was demonstrated by the complainant when the shower is turned on, the water makes it's way to the doorway and out with the water only running for approximately 20 seconds. Only a small amount of the water goes to the drain. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THERE HAD BEEN NOTHING DONE TO THE SHOWER FLOOR SINCE IT STILL DRAINS OUT OF THE DOOR RATHER THAN THE DRAIN, IT APPEARED THE SAME AS THE ORIGINAL JOBSITE INSPECTION. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: - Shower grab bars not installed Investigator’s Observation: Verified. At the time of the Inspection it was observed the grab bars were in the shower on the bench still in the boxes. DURING THE COMPLIANCE INSPECTION IT WAS OBSERVED THE GRAB BARS WERE INSTALLED IN THE WRONG LOCATIONS The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: - Wooden window casing covered in splattered paint Investigator’s Observation: Verified. At the time of the Inspection it was observed there was a significant amount of splatter all over the window trim. THIS ORIGINAL ITEM WAS COMPLETED, DURING THE COMPLIANCE INSPECTION IT WAS OBSERVED THE CHEMICAL THAT WAS USED TO REMOVE THE PAINT SPLATTER DAMAGED THE FINISH ON THE TRIM. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 construction work shall be performed in accordance with professional industry standards.

Compliance Item: - Pocket door installed without guide has resulted in scratches and marring of door Investigator’s Observation: Verified. At the time of the Inspection it was observed there were scratches on the bottom of the door where it had rubbed on the jamb. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THERE HAD BEEN NOTHING DONE TO THE DOOR AND IT APPEARED THE SAME AS THE ORIGINAL JOBSITE INSPECTION. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: - Vanity cabinets installed at incorrect height. Investigator’s Observation: Verified. At the time of the Inspection it was observed the cabinets installed 3/4 of an inch to 1 1/2 inch higher than a typical bathroom vanity and per the plan provided to the Respondent. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: - Shower window exterior frame requires paint to match house (trim completed but not window frame) Investigator’s Observation: Verified. At the time of the Inspection it was observed the window frame did not match the other windows in the house and the glass is not tempered as it should be per code. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THE EXTERIOR PORTION OF THE WINDOW WAS PAINTED TO ROC STANDARDS BUT THE GLASS PORTION HAS NOT BEEN CHANGED OUT TO TEMPERED GLASS. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: - Construction trash and debris have accumulated on deck, yard and back driveway for months. Investigator’s Observation: Verified. At the time of the Inspection it was observed there was construction trash and debris left from the remodel. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THERE WAS STILL ALOT OF CONSTRUCTION DEBRIS AROUND THE FRONT OF THE HOUSE AND THE REAR AREA WHERE IT APPEARED TILE HAD BEEN CUT. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: - Glass shower door not installed yet due to correction required to floor Investigator’s Observation: Verified. At the time of the Inspection it was observed the shower door was not installed since the shower was not completed. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THERE HAD BEEN NOTHING DONE TO THE SHOWER FLOOR SO THE DOOR CANNOT BE INSTALLED, IT APPEARED THE SAME AS THE ORIGINAL JOBSITE INSPECTION. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: - Floor heat vent cover to be installed as per design plan Investigator’s Observation: Verified. At the time of the Inspection it was observed the vent register was missing and never installed. AT THE TIME OF THE COMPLIANCE INSPECTION IT WAS OBSERVED THE VENT WAS INSTALLED BUT NOT THE CORRECT COLOR AS AGREED UPON. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Note: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 1 of 24

Front of the house Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 2 of 24 Construction Debirs From bathroom remodel Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 3 of 24 Construction Debirs From bathroom remodel Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 4 of 24 Construction trash residue From bathroom remodel Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 5 of 24

Construction Debirs From bathroom remodel Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 6 of 24 Construction Materials and clean up materials From bathroom remodel Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 7 of 24

Pocket door scratch and repair not completed Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 8 of 24

Grab bars incorrect location Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 9 of 24

Clean up not completed. Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 10 of 24 Shower head completed. Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 11 of 24

Drain where shower is supposed to drain to Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 12 of 24 Correct grab bar location. Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 13 of 24

Wrong color vent registar. Supposed to be Black Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 14 of 24

Window trim with finish coat damaged due to chemical remover used to remove paint splatter Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 15 of 24

Window trim with finish coat damaged due to chemical remover used to remove paint splatter Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 16 of 24

Vanity Faucet installed and completed. Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 17 of 24

Scratches in cabinets during construction Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 18 of 24

Scratches in cabinets during construction Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 19 of 24 Vanity cabinet installed too high per drawing Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 20 of 24 Vanity cabinet installed too high per drawing Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 21 of 24

Vanity cabinet installed too high per drawing Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 22 of 24 Shower still draining out of the doorway instead of the drain Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 23 of 24

Shower still draining out of the doorway instead of the drain Case-2024-04359-David & Sarah Cooney-J&N Contracting CJSI Photo 24 of 24

Shower draining out of the doorway instead of the drain, very little water heads to drain Received 8/5/2024 ROC Legal

Written Answer to Citation and Complaint - Case No. 2024-04359

J&N Contracting has diligently addressed all purported charges communicated by the ROC and the Complainant, adhering to the directives provided. We especially categorically refute the allegation of abandonment (Charge 1), as we have maintained consistent and documented communication with both the ROC and the Complainant throughout the duration of the project. Furthermore, J&N Contracting has promptly returned to the job site following each written directive to undertake the necessary corrective actions.

We would like to first address the most recent document sent that has “NO SHOW” in bold capital letters regarding our attendance. Prior to the scheduled meeting, I personally contacted the inspector to inform him that I would be unable to attend in person due to unavoidable circumstances. During this conversation, I expressed my willingness to participate remotely, either via phone or through another method that would allow me to be present and assist in any way necessary. In response to my offer, the inspector stated, "It would really be putting me out to have to do that for you." Understanding the potential inconvenience and not wanting to impede his investigation or create additional challenges, I respectfully chose to refrain from attending the meeting, believing that my absence would not hinder the process.

My company remains committed to full cooperation with the ROC and the inspector’s efforts, and we are ready to engage at the earliest opportunity to resolve any outstanding issues.

Additionally, J&N Contracting would like to clarify the status of the work completed in response to the written directives issued by the ROC. By July 14, 2024 the ROC provided deadline, our team diligently addressed the items outlined in the most recent written directive. However, it is important to note that no final inspection has been conducted to verify the completion of these corrective actions.

J&N Contracting has consistently adhered to the ROC’s directives and made every effort to rectify any issues raised. We believe that a final inspection is essential to accurately assess the current status of the project and to acknowledge the work that has been completed in accordance with the ROC’s instructions. We respectfully request that a final inspection be scheduled at the earliest convenience to ensure that all parties have a clear and accurate understanding of the current state of the project.

Our further response to charge two and three are detailed on the following pages, with an explanation for each compliance item individually. Received 8/5/2024 ROC Legal

It is pertinent to note that several challenges and material discrepancies have arisen during the course of this project, which will be comprehensively detailed in this formal response.

Firstly, the interior designer is the sole party with the responsibility of the procurement of all finished products and plan sets. J&N Contracting explicitly requested and mutually agreed with both the designer and the Complainant that commencement of work would be contingent upon the delivery and presence of all necessary materials on-site. Notwithstanding this agreement, J&N Contracting was subsequently instructed to commence work before all materials were delivered, contrary to our professional recommendation. This premature initiation resulted in unnecessary delays, for which J&N Contracting was later wrongfully held accountable. Additionally, J&N Contracting made multiple formal requests for clarifications, project elevations, more detailed plan sets, and much more from the interior designer to avoid installation errors. These requests were consistently denied. Instead, more versions of ambiguous and unclear plans were provided to J&N Contracting, which often do not correspond with the complaint items listed.

Compliance Item: Shower grab bars not installed The grab bars were installed in a location in accordance with industry standard and in a workmanlike manner. The location they were installed was later identified as incorrect, based on subsequent feedback from the complainant. However, the location does not correspond with the current plans, or any version of the plans, and any discrepancy was not communicated to J&N Contracting prior to installation.

Compliance Item: Wooden window casing covered in splattered paint This item was corrected and repaired by appropriate means and is in accordance with industry standards.

Compliance Item: Pocket door installed without guide has resulted in scratches and marring of door The Complainant has acknowledged that they had hired other trades who were engaged to perform work during J&N Contracting's installation period, without our consent. Following this, J&N Contracting was directed to repair damage to a pocket door that had been installed by our team. It is important to note that, upon installation, the door was in perfect working condition and free of any damage. It is unclear how the determination was made that J&N Contracting was responsible for the subsequent damage. We respectfully question the basis for holding J&N Contracting liable for issues when it is impossible to conclusively establish how or when the damage occurred.

Compliance Item: Vanity cabinets installed at incorrect height This has been resolved and the vanity cabinets and countertops are now exactly where the homeowner wants them to be and are in accordance with industry standards. To provide further context as to why there was speculation during the original installation which has now been completely fixed, the complainants initially expressed concern via text messages that the countertop height was to be 34 inches Above Finished Floor (AFF), whereas the millwork shop Received 8/5/2024 ROC Legal

drawings specified a height of 36 inches. Although this issue has been resolved, it is important to note that no contract documents reflected a requirement for countertops to be set at 34 inches AFF.

Compliance Item: Shower window exterior frame requires paint to match house (trim completed but not window frame) This item has been addressed and completed and is installed in accordance with industry standards. We have documentation from our glass subcontractor to show that the glass installed is indeed tempered glass, and the exterior frame has been painted to match the exterior of the home.

Compliance Item: Construction trash and debris have accumulated on deck, yard and back driveway for months. The Complainant has acknowledged that other trades were engaged to perform work during, and/or subsequent to J&N Contracting's installation, without our consent. Following this, J&N Contracting was directed to clean any and all trash or debris from the property. It is unclear how the determination was made that J&N Contracting was solely responsible for this issue. We again respectfully question the basis for holding J&N Contracting liable for issues when it is impossible to conclusively establish how or when this issue may have occurred.

Compliance Item: Glass shower door not installed yet due to correction required to floor The glass shower door can be installed at any time; however, installation has been deferred to address drainage issues identified on the floor. In accordance with ROC standards, and due to the limited access to the property provided by the homeowner, J&N Contracting has been unable to perform the necessary corrective repairs. These repairs must be completed prior to the installation of the glass door.

Compliance Item: - Floor heat vent cover to be installed as per design plan The floor vent was installed in accordance with industry standard, and is now the color that the complainant wants. However it should be noted that the installed floor vent was alleged to be the incorrect color, a specification again not noted anywhere in the original plans, or any version of the plans. This is a preference that should have been conveyed and documented by the interior designer and the client during the finish selections and plan distribution stages.

Compliance Item: Shower floor - water drains out the door opening after attempt to correct pooling due to improper grade to the drain The original plans did not specify a curbless shower; however, J&N Contracting accommodated this installation at the explicit direction of the owner at a later stage, without issuing a Change Order. It is important to note that achieving a proper slope in a curbless shower design is inherently challenging and requires precise execution. After installation, it was identified that the floor’s slope causes water to drain toward the door. J&N Contracting has diligently worked to address this issue, making multiple attempts to correct the problem. Had the original plans not been altered, the shower floor would have been completed without these complications. Acting Received 8/5/2024 ROC Legal

in good faith, J&N Contracting has endeavored to accommodate the changes requested by the owner and continues to strive for a resolution. However, due to the ROC's restrictions on job site access and the limited access provided by the homeowner, we have not yet been able to fully rectify this matter.

In closing, J&N Contracting respectfully submits this response to the Citation and Complaint issued by the Registrar. We firmly believe that our license should not be suspended or revoked, as we have consistently demonstrated our commitment to compliance and excellence. By July 14, 2024, we had diligently addressed many, if not all, of the corrective actions outlined in the written directives issued by the ROC. Our proactive communication with the inspector, including our offer to participate remotely in the compliance meeting, underscores our dedication to transparency and cooperation. Despite the challenges encountered, such as the complexities of the changing shower design and access limitations, we have worked tirelessly to resolve these issues and continue to strive for successful outcomes. It is important to again note that a final inspection has not been conducted to formally verify the completion of our corrective actions. J&N Contracting has a longstanding history of providing quality work and contributing positively to the community, and we are committed to maintaining these high standards. We respectfully request that our license not be suspended or revoked, as we remain dedicated to addressing any concerns and ensuring continued compliance and excellence in our work.

Thank you Nate Hayter Received 8/5/24, 11:39 AM State of Arizona Mail - J&N Contracting - Written Answer to Citation and Complaint - Case No. 2024-04359 8/5/2024 ROC Legal

Answers - AZROC <[email redacted]>

J&N Contracting - Written Answer to Citation and Complaint - Case No. 2024-04359 message

Nate Hayter <[email redacted]> Mon, Aug 5, 2024 at 10:08 AM To: [email redacted] Cc: [email redacted], Jesus Frausto <[email redacted]>

Good Morning,

Please see the attached formal written answer to case 2024-04359. I have also added a copy of the complaint for reference.

If you have any questions please do not hesitate to contact me, I am best reached at the cell number listed below.

20240722 Citation and Complaint 2024-04359 MAILED.pdf

Nate - Owner Cell: 928-848-9545 Email: [email redacted] ROC# 343315 ROC# 331572

Written Answer to Citation and Complaint - Case No.pdf 103K

https://mail.google.com/mail/b/AEoRXRQspo5cfddwMHoqGpKhShtcfsMTqOaZJFO3dHImGfKdaG73/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/1 Complainant: David Cooney 22339 E Taxidea Way Phoenix, AZ 85048

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: J & N Contracting LLC DBA: 14050 N 38th St Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 June 19, 2024

Re: Complaint No. 2024-06705

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, June 27, 2024 at 12:00 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.