2024A-04388-NPC-ROC Notice of Hearing & Packet MAILED Consolidated

2024A-04389-NPC-ROC · Registrar of Contractors · 2024-07-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Quick Maintenance Solutions, LLC, Case No. 2024-04388 DBA: Quick Flooring Solutions Docket No. 2024A-04388-NPC-ROC COMPLAINANT, 2024A-04386-NPC-ROC 2024A-04387-CHC-ROC v. 2024A-04389-NPC-ROC Breise Construction LLC NOTICE OF HEARING ON License No. ROC 344793, 327582 CONTESTED CASE RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

August 13, 2024 1:00 PM Sondra Vanella 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 June 3, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

1156(B).

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

HEARING PROCEDURES AND RULES

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

HEARING PACKET

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

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

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

DISCLOSURE STATEMENT

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated July 2, 2024.

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

Copy mailed via USPS First Class mail July 2, 2024 to:

Respondent(s) Breise Construction LLC 8510 E Vernon Ave Scottsdale, AZ 85257

Complainant(s) Quick Maintenance Solutions, LLC DBA: Quick Flooring Solutions 2633 E Indian School Rd, Ste.130 Phoenix, AZ 85006

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. 2024-04388 /

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

Legal New Mail - AZROC <[email redacted]>

Re: Notice of No-Pay Complaint 2024-04388 message

Justin Jensen <[email redacted]> Wed, May 8, 2024 at 4:01 PM To: Gail Mathews <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Scott Long <[email redacted]>, Lori Deopere <[email redacted]>

Hello Arizona Registrar of Contractors,

This is a response to Complaint No. 2024-04388

Quick Flooring Solutions/ Quick Maintenance Solutions (QMS) is claiming they are owed $28,323 which is a balance from a pay application totaling $58,323, but a contract was never written for that amount, nor were any change orders ever agreed to.

Timeline: 2/21/23 Quote: The original quote was from Primera who Royce Garcia worked for at the time. The quote was in the amount of $36,607

Work started

4/20/23 Text: No show of crew for the week, not meeting production, behind schedule

6/5/23 Email/ QMS Quote: Correspondence with Royce (now with QMS) requesting reason for price change, price doubled, why?

6/9/23 Text: Crew no showed for the week again

6/20/23 Text: Don't send the crew back up, need to get a different company to finish. Lack of communication, change in pricing, guys don't show up and are way behind. At this time the project owner is furious

At this point we had to find another tile company to help us. Compas Flooring helped us. We paid Compas $21,000 to finish.

Compas Checks, Clifton is job number 22-053: 7145 $11,000 7201 $9,000 7235 $1000

Total paid to Compas = $21,000

Attached are proposals, text messages, correspondence and checks to Compas that follow the sequence above. These items show that we had an amount $36,607, work started, the amount and company changed and we had difficulty getting the crew to show up to an out of town job. We had to find another company to finish. What this doesn't show is the schedule delay, loss of owner confidence and time spent trying to fix this issue.

Even if we did agree to the $58,323 amount that was on the pay application, which we didn't, there was a lot of work left to do. The total amount owed to QMS of $58323 should not even be a question of whether the full amount should be paid. As we've shown, we paid Compas $21,000 to finish the job.

If we deduct $21,000 (amount paid to Compas to finish) from the $58,323 (proposed by QMS, but not agreed to by Breise) the difference would be $37,323. Briese has paid QMS $30,000 to date, the balance between the $37,323 and the 30,000 is $7,323.

I reached out to Lee Ferris via phone (5/8/23; 1:00 PM) and left him a message that we want to resolve this. In order to resolve this issue we will be proposing to pay QMS $7,323, even though we dispute the revised amount of $58,323.

Should we update you on how negotiations are progressing with QMS? What are the next steps given we will try to negotiate this and get it behind us? Thank you,

Justin Jensen Breise Construction (602) 390-2603

On Tue, Apr 30, 2024 at 1:27 PM Gail Mathews <[email redacted]> wrote: Please see attached Notice of No-Pay Complaint that was mailed via regular mail.

Thank you,

-- Gail Mathews

Legal Assistant 602-771-6804 [email redacted] 1700 W Washington Suite 105 Phoenix, AZ 85007

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

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

-- Justin Jensen Managing Member Breise Construction LLC 602-390-2603 www.breiseconstruction.com

attachments 20230609 TEXT Crew no show.jpeg 154K

20230420 TEXT No show behind schedule.png 498K

20230620 TEXT Fired dont come back.jpeg 155K

20230616 Clifton QMS Royce 69664.pdf 251K 20230221 Clifton Primera Royce 36607 .pdf 662K 20230519 Clifton Primera Royce 36607.pdf 690K Email Correspondence with Royce quote doubled.pdf 2740K Check #7235_Compas.pdf 81K Check #7201_Compas.pdf 91K Check #7145_Compas.pdf 90K May 01, 2024

Via U.S. Mail and Email

Complainant Quick Maintenance Solutions, LLC 2633 E Indian School Rd, Ste 130 Phoenix, AZ 85006

Respondent Breise Construction LLC 8510 E Vernon Ave Scottsdale, AZ 85257

Re: Complaint No. 2024-04388

Dear Complainant and Respondent:

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

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by May 8, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

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

The Registrar will not issue a citation before May 8, 2024 and will review Respondent’s response, if one is submitted.

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

Sincerely,

/s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 0123ÿ516789 ÿ 12316789 1

1 ÿ (ÿ*+,,-.+ 3 126 ÿ3 39 ÿ !!"#$% ÿ !!"##% ÿ&ÿ !!"#' 0123ÿ516789 ÿ/.-012*-34+5,67892-:2.8;< =>+?ÿ@-Aÿ(B?ÿCDCBÿ-3ÿEFGHÿI@ =8Fÿ1J-770,6K*,-:2L+3 M99FÿN-01ÿ@-34+5,ÿ/.-012*-34+5,67892-:2.8;< O+118? Pÿ-*ÿ57030L.ÿ38ÿJ81185ÿ>Qÿ8Lÿ-ÿR8ST-AÿU8*Q1-0L3ÿ34-3ÿ5-,ÿJ01+Vÿ-.-0L,3ÿM7+0,+ÿU8L,37>9308LÿWWU2ÿO-;+ÿ34+Aÿ*-V+ÿ-LAÿQ-A*+L3,ÿ87 4-;+ÿ34+,+ÿ98*Q1-0L3,ÿX++Lÿ7+,81;+VY PJÿ34+Aÿ4-;+ÿ*-V+ÿQ-A*+L3,?ÿ58>1VÿA8>ÿ10Z+ÿ>,ÿ38ÿ918,+ÿ34+ÿ98*Q1-0L3YÿPJÿ34+Aÿ4-;+ÿL83?ÿ58>1VÿA8>ÿ10Z+ÿ>,ÿ38ÿ*8;+ÿJ875-7Vÿ5034ÿ0,,>0L. -ÿU03-308LY T1+-,+ÿ-V;0,+2 =4-LZÿA8>? SS [\]^ÿ̀\abcde f8 13ÿg 2616 hDCSHH(ShiDB .-012*-34+5,67892-:2.8; (HDDÿjÿj-,40L.38Lÿk>03+ÿ(DG T48+L0l?ÿImÿiGDDH

233ÿ6ÿgnÿopqÿ8ÿ6ÿ386ÿ ÿr9ÿ79ÿ98q8ÿs2 ÿ1sÿ79ÿ98ÿ1ÿt8668ÿ88ÿu v-9+X88Z =4+ÿwxUÿ0,ÿL85ÿ8Lÿ,890-1ÿ*+V0-y @-Z+ÿ,>7+ÿ38ÿJ81185ÿ>,ÿ8LF v-9+X88Zÿ =5033+7 Gail Mathews <[email redacted]>

No-Pay Complaint Follow-up 2024-04389, 2024-04388, & 2024-04386 messages

Gail Mathews <[email redacted]> Tue, May 14, 2024 at 9:57 AM To: [email redacted] Bcc: Gail Mathews <[email redacted]>

Hello,

I am writing to follow up on a No-Pay Complaint that was filed against Breise Construction LLC. Have they made any payments or have these complaints been resolved?

If they have made payments, would you like us to close the complaint? If they have not, would you like us to move forward with issuing a Citation?

Please advise.

Thank you,

-- Gail Mathews

Legal Assistant 602-771-6804 [email redacted] 1700 W Washington Suite 105 Phoenix, AZ 85007

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

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

Lee Farris <[email redacted]> Tue, May 14, 2024 at 11:16 AM To: Gail Mathews <[email redacted]> Cc: Chris Say <[email redacted]>

They have made two partial payments, but we did not know what to do with the money. We have made attempts to contact the ROC about how to proceed, but no one has returned our calls or communicated with us. I do not want this issue closed until we have received full payment. They did try to call me, but since it was after the default was in place I did not return the call. Is it okay for me to talk to them. That will not jeopardize the case in any way, will it? Thanks

Lee B. Farris CPM®, CCIM®, CMCA®

Managing Member

Quick Maintenance Solutions LLC d/b/a Quick Flooring Solutions – ROC 347055 & 357054

2633 East Indian School Road, Suite 130

Phoenix, Arizona 85016

Phone 602-222-8510 x 222

Mobile 602-527-8025

Fax 602-264-8966

http://qmsaz.net

Authorized Marketer

Invisible Urban Charging

Meaningful Work. Meaningful Relationships. Transforming Transportation

https://www.iucharging.com

This electronic message and all attachments are confidential, and are intended only for the use of the individual to whom it is addressed. The information may also be legally privileged. This transmission is sent in trust for the sole purpose of delivery to the intended recipient. If you have received this transmission in error, you are hereby notified that any use, dissemination, distribution or reproduction of this transmission is strictly prohibited and may be unlawful. If you are not the intended recipient, you must delete this message and any copy of it (in any form) without disclosing it. If you believe this message has been sent to you in error, please notify the sender by replying to this transmission, or by calling Quick Maintenance Solutions, LLC at 602-222-8510. Unless expressly stated in this e-mail, nothing in this message should be construed as a digital or electronic signature. Thank you for your cooperation.

[Quoted text hidden]

Gail Mathews <[email redacted]> Tue, May 14, 2024 at 1:08 PM To: Lee Farris <[email redacted]>

First, this is your complaint. You are in charge of where it goes, unless it is outside statutes. If the Respondent pays, then the complaint is resolved and we have no jurisdiction. This is not a civil matter, it is administrative. If you refuse payment, you will have to provide a judge a legitimate reason why and what the Respondent owes. Secondly, there has been no 'defaults" issued. We did receive a response to the notice, but it looks like a payment on one of the cases. Next, if you decide to litigate this to a civil matter, then we may dismiss the case until that has been resolved, or exhausted. The Registrar is not going to take sides as we are a regulatory agency.

Please let me know where each of these complaints stand.

Thank you, [Quoted text hidden]

Lee Farris <[email redacted]> Tue, May 14, 2024 at 4:11 PM To: Gail Mathews <[email redacted]> Cc: Chris Say <[email redacted]>, Cherie Schreiner <[email redacted]>

Gail, thank you for clarifying this for me. We will contact them and see if we can reach an agreement with them for final payment. We will then notify you of the settlement agreement and you can move forward on your end. Thank you again for your help.

[Quoted text hidden] Gail Mathews <[email redacted]> Thu, May 16, 2024 at 2:55 PM To: Lee Farris <[email redacted]>

So to clarify, you would like to move forward in Citation for all three complaints? I am working on finishing these and sending the citation to the attorneys for their final review and need this clarified.

Thank you. [Quoted text hidden]

Gail Mathews <[email redacted]> Tue, May 21, 2024 at 9:49 AM To: Lee Farris <[email redacted]>

Good morning,

I am getting ready to either issue a citation, or close these complaints. Please let me know what you would like to do in each case before close of business tomorrow.

Thank you, [Quoted text hidden]

Lee Farris <[email redacted]> Tue, May 21, 2024 at 10:32 AM To: Gail Mathews <[email redacted]> Cc: Royce Garcia <[email redacted]>

I’m don’t seem to be able to communicate with them after several attempts so unfortunately I have to say go ahead with the citation.

Lee B. Farris CPM, CCIM, CMCA President/Designated Broker Farrmont Realty Group, Inc. AMO 2633 East Indian School Road, Suite 130 Phoenix, AZ 85016 602.222.8510 ext. 222 (O) 602.527.8025 (M)

On May 21, 2024, at 9:49 AM, Gail Mathews <[email redacted]> wrote:

Good morning,

I am getting ready to either issue a citation, or close these complaints. Please let me know what you would like to do in each case before close of business tomorrow.

Thank you,

On Thu, May 16, 2024 at 2:55 PM Gail Mathews <[email redacted]> wrote: So to clarify, you would like to move forward in Citation for all three complaints? I am working on finishing these and sending the citation to the attorneys for their final review and need this clarified.

Thank you.

On Tue, May 14, 2024 at 4:11 PM Lee Farris <[email redacted]> wrote:

Lee B. Farris CPM®, CCIM®, CMCA®

Managing Member Quick Maintenance Solutions LLC

d/b/a Quick Flooring Solutions – ROC 347055 & 357054

2633 East Indian School Road, Suite 130

Phoenix, Arizona 85016

Phone 602-222-8510 x 222

Mobile 602-527-8025

Fax 602-264-8966

http://qmsaz.net

[Quoted text hidden] [Quoted text hidden] [Quoted text hidden]

[Quoted text hidden]

[Quoted text hidden] [Quoted text hidden] [Quoted text hidden]

attachments

image001.gif 2K

image001.gif 2K REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-04388 Quick Maintenance Solutions, LLC, DBA: Quick Flooring Solutions, , COMPLAINANT, CITATION v. Breise Construction LLC License No. ROC 344793, 327582

RESPONDENT.

The Registrar issues this Citation to Breise Construction LLC, (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 18, 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 15, 2024, Quick Maintenance Solutions, LLC DBA: Quick Flooring Solutions

(“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is

attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

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

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

with violating:

Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 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. 2024-04388. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than June 18, 2024.

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 3, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 3, 2024 to: Respondent Certified Mail No: [number redacted] Breise Construction LLC 8510 E Vernon Ave Scottsdale, AZ 85257

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to: Respondent Breise Construction LLC 8510 E Vernon Ave Scottsdale, AZ 85257 Complainant Quick Maintenance Solutions, LLC DBA: Quick Flooring Solutions 2633 E Indian School Rd, Ste 130 Phoenix, AZ 85006

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. 2024-04388 / GM

of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received by Investigations 04/15/2024 2024-04388 Received 6/17/2024 ROC Legal

1311 W 21st Street Tempe, AZ 85281 Account Manager: ROYCE GARCIA www.primera.net Project Manager: Phone BID # Date Submitted: ROC#’s: 237578, 260000, 260001 Proposal For: Submitted to: CLIFTON GUEST HOUSE SCOTT

8/4/22

Furnish & Install fuel cost 6.00 EA AT $187.5 / EA $1,125

Furnish & Install perdiem 15.00 EA AT $325 / EA $4,875

Furnish & Install rock board labor 2,550.00 SF AT $3 / SF $7,650

Furnish & Install DRY DECK MUD SHOWER 1.00 EA AT $937.5 / EA $938

FLOOR TILE

Furnish & Install CT1 MOSIAC FLOOR TILE 395.00 SF AT $9.33 / SF $3,685

Furnish & Install BORDER TILE 3"X6" WITH 6"X6" IN CORNERS 215.00 LF AT $10.67 / LF $2,294

WAINSCOT

Furnish & Install PENCIL LINER WAINSCOT X2 300.00 LF AT $3.02 / LF $906

Furnish & Install CHAIR RAIL 2 x12 300.00 LF AT $3.02 / LF $906 CARRERA POLISHED/HONED X1

Furnish & Install THREE ROWS 1 X 1 300.00 LF AT $3.02 / LF $906 STONE TO BE SELECTED

Furnish & Install 3/4x 12 CARRERA WHITE 300.00 LF AT $3.02 / LF $906 POLISHED SQUARE BAR LINER

Furnish & Install 4 X4 CARRERA X1 300.00 LF AT $3.02 / LF $906 POLISHED/HONED

Furnish & Install WT-1 WAINSCOT AND SHOWER WALL TILE 900.00 SF AT $10.67 / SF $9,603

Furnish & Install WATER PROOFING 850.00 SF AT $2 / SF $1,700

Project Subtotal: $36,400 Material Use Tax: $207 Project Total: $36,607

EXCLUSIONS AS FOLLOWS UNLESS CLEARLY OUTLINED IN BID SCOPE: 1. Excluded from the pricing set forth below are overtime labor, demolition of existing floor covering and adhesives, abnormal floor prep (i.e., grinding, shot blasting/removing curing compounds on concrete, leveling, floating, concrete moisture sealing or ramping to other floor finishes), waxing or sealing resilient floors, vacuuming carpet, protective coverings, providing temporary heat or electricity, and excludes asbestos abatement. If Primera’s Proposal includes a price for the removal of existing flooring materials, the price is based on the removal of one layer of flooring materials. The removal of any additional layers of flooring materials will be subject to a change order. 2. Standard floor preparation is included to fill level expansion joints, and hairline cracks up to 1/8th inch wide only. All other floor preparation is considered abnormal and is 3. To receive new floor coverings, all concrete slabs and other cementitious substrates must be tested for moisture content. The industry standard calcium chloride and/or relative humidity tests will be performed by the Customer, at its sole expense, to determine the water vapor emission of said substrates. Floor coverings described in our proposals will only be installed on substrates with test results that meet the manufacturers’ requirements. A separate proposal for the additional costs will be provided if sealing concrete is required due to moisture test results. After initial test results are provided, the Customer agrees to issue a change order to Primera for any additional testing. 4. This Proposal is based on Primera receiving payment for stored materials (in our warehouse or on the job site). Primera excludes storage of any materials purchased by the Customer or owner. Customer is responsible for the storage of material they are buying. 5. The bid is per finish schedule unless noted otherwise in the proposal description. If ceramic is part of Primera’s scope, the bid excludes epoxy 6. grout, sealing tile, drywall repairs, floor prep (shot blasting, adhesive removal, leveling, etc.). 7. **THIS PROPOSAL DOES NOT INCLUDE PARTICIPATION IN ANY OCIP/CCIP, BONDING, OR RELATED PROGRAMS. REQUESTS FOR PRIMERA TO PARTICIPATE IN SUCH PROGRAMS MAY RESULT IN ADDITIONAL COSTS. Unless stated otherwise in the Work description, our base bid price includes the appropriate MRRA Retail TPT tax on material cost(s).** 8. NOTES:

9. Unless expressly stated, prices specified herein do not include any duties, taxes, tariffs, or similar charges. All prices are subject to increase in the event of a material change to applicable duties, taxes, tariffs, or similar charges, including but not limited to the repeal or modification of USMCA, formerly NAFTA.

Conditions of Proposal: 1. Primera may withdraw this Proposal if not accepted within 30 days of its issuance. Primera will consider reasonable requests to engage in negotiations for revisions to this Proposal, including signing a subcontract that incorporates the terms of this Proposal. A proposal not accepted within 30 days will be subject to price escalation for materials. 2. This Proposal is subject to credit review and approval. Payment terms are net 30 days. A convenience fee of 3% will be added if paying via credit card. Past due invoices are subject to service charges of 1.5% per month (18% per annum, or the maximum amount permitted by law). In the case of any default, the Customer shall pay Primera’s reasonable attorney fees and costs, including those on any appeal, even if no suit or action is filed. 3. All work shall be performed in a workmanlike manner according to industry standards. Areas to receive flooring shall be free and clear of debris. Any changes to the work shall be performed only after executing a written change order. 4. Before the commencement of Primera’s work: (a) Customer shall test all concrete subfloors receiving flooring for vapor emission levels and alkalinity per manufacturers’ recommendations utilizing ASTM F2170 and/or F1869 and provide written results to Primera, including a list of any sealers applied to the concrete subfloor; (b) If Customer does not provide such reports at least ten (10) days before commencement of Primera’s work, then Customer shall provide Primera with access to all concrete subfloors for appropriate testing and Customer shall be responsible for the costs of such testing; and (c) Any concrete subfloors not meeting manufacturers’ requirements for installation will require correction or the 5. All work is contingent upon strikes, accidents, acts of GOD, or delays beyond Primera’s control, and the Customer shall carry insurance for all hazards, including fire. Primera’s workers are fully covered by Worker’s Compensation and Liability Insurance. 6. The Customer represents and warrants that (a) the project site contains NO hazardous or other dangerous substances, either exposed or concealed or (b) the Customer has given written notice to Primera of all such substances and their respective location(s). To the fullest extent permitted by law, Customer shall indemnify, defend and hold harmless Primera from any damage(s), claims, loss, expense, and attorney fees related to Primera’s liability, if any, including any federal or state statute related to hazardous or other dangerous 7. Primera is fully licensed, bonded, and insured. This Proposal does not include participation in any OCIP/CCIP or related programs, nor does it have the costs of any required bonding, nor the expenses of Primera’s design work or renderings provided to the Customer. Requests for Primera to participate in such programs may result in additional Your signature indicates acceptance of the above quotation. No purchasing or installation shall begin on this job until this signed proposal, a purchase order, or contract documents are received. Please proceed with your standard contract documents. We do not assume the risk of payment

PRIMERA PRIMERA PRIMERA PRIMERA PRIMERA PRIMERA PRIMERAPRIMERA PRIMERA PRIMERA BREISE

Signed Signed

ROYCE GARCIA Received 6/18/24, 8:51 AM State of Arizona Mail - Fwd: Notice of No-Pay Complaint 2024-04388 6/17/2024 ROC Legal

Answers - AZROC <[email redacted]>

Fwd: Notice of No-Pay Complaint 2024-04388 message

Justin Jensen <[email redacted]> Mon, Jun 17, 2024 at 4:31 PM To: [email redacted], Gail Mathews <[email redacted]> Cc: Scott Long <[email redacted]>, Bertus Cilliers <[email redacted]>, Justin Jensen <[email redacted]>

Written Answer to Citation and Complaint 2024-04388:

Hello Arizona Registrar of Contractors,

This email is our second response to Complaint 2024-04388

We maintain our position in the initial response included below.

Thank you,

Justin Jensen Breise Construction (602) 390-2603

---------- Forwarded message --------- From: Justin Jensen <[email redacted]> Date: Wed, May 8, 2024 at 4:01 PM Subject: Re: Notice of No-Pay Complaint 2024-04388 To: Gail Mathews <[email redacted]>, [email redacted] <[email redacted]> Cc: Scott Long <[email redacted]>, Lori Deopere <[email redacted]>

Hello Arizona Registrar of Contractors,

This is a response to Complaint No. 2024-04388

Timeline: 2/21/23 Quote: The original quote was from Primera who Royce Garcia worked for at the time. The quote was in the amount of $36,607

Work started

4/20/23 Text: No show of crew for the week, not meeting production, behind schedule

6/5/23 Email/ QMS Quote: Correspondence with Royce (now with QMS) requesting reason for price change, price doubled, why?

6/9/23 Text: Crew no showed for the week again

At this point we had to find another tile company to help us. Compas Flooring helped us. We paid Compas $21,000 to finish. https://mail.google.com/mail/b/AEoRXRT4l-02SqEaej7U4BJhG0yLuiEy5jb7IpIRcKArNrE-xxZX/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 1/4 Received 6/18/24, 8:51 AM State of Arizona Mail - Fwd: Notice of No-Pay Complaint 2024-04388 6/17/2024 ROC Legal Compas Checks, Clifton is job number 22-053: 7145 $11,000 7201 $9,000 7235 $1000

Total paid to Compas = $21,000

Should we update you on how negotiations are progressing with QMS? What are the next steps given we will try to negotiate this and get it behind us?

Thank you,

Justin Jensen Breise Construction (602) 390-2603

On Tue, Apr 30, 2024 at 1:27 PM Gail Mathews <[email redacted]> wrote: Please see attached Notice of No-Pay Complaint that was mailed via regular mail.

Thank you,

-- Gail Mathews

Legal Assistant 602-771-6804 [email redacted] 1700 W Washington Suite 105 Phoenix, AZ 85007

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

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

https://mail.google.com/mail/b/AEoRXRT4l-02SqEaej7U4BJhG0yLuiEy5jb7IpIRcKArNrE-xxZX/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 2/4 Received 6/18/24, 8:51 AM State of Arizona Mail - Fwd: Notice of No-Pay Complaint 2024-04388 6/17/2024 ROC Legal

-- Justin Jensen Managing Member Breise Construction LLC 602-390-2603 www.breiseconstruction.com

attachments

20230609 TEXT Crew no show.jpeg 154K

20230420 TEXT No show behind schedule.png 498K

https://mail.google.com/mail/b/AEoRXRT4l-02SqEaej7U4BJhG0yLuiEy5jb7IpIRcKArNrE-xxZX/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 3/4 Received 6/18/24, 8:51 AM State of Arizona Mail - Fwd: Notice of No-Pay Complaint 2024-04388 6/17/2024 ROC Legal

20230620 TEXT Fired dont come back.jpeg 155K

https://mail.google.com/mail/b/AEoRXRT4l-02SqEaej7U4BJhG0yLuiEy5jb7IpIRcKArNrE-xxZX/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 4/4 Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal

8/4/22

Furnish & Install fuel cost 9.00 EA AT $187.5 / EA $1,688

Furnish & Install perdiem 21.00 EA AT $350 / EA $7,350

Furnish & Install rock board labor 3,160.00 SF AT $2.14 / SF $6,762

Furnish & Install DRY DECK MUD SHOWER 1.00 EA AT $866.67 / EA $867

FLOOR TILE

Furnish & Install CT1 MOSIAC FLOOR TILE 650.00 SF AT $12.5 / SF $8,125

Furnish & Install BORDER TILE 3"X6" WITH 6"X6" IN CORNERS 215.00 LF AT $16 / LF $3,440

WAINSCOT

Furnish & Install PENCIL LINER WAINSCOT X2 580.00 LF AT $3.75 / LF $2,175

Furnish & Install CHAIR RAIL 2 x12 300.00 LF AT $3.63 / LF $1,089 CARRERA POLISHED/HONED X1

Furnish & Install 4x4 Base wall border 190.00 lf AT $3.75 / lf $713

Furnish & Install WT-1 WAINSCOT AND SHOWER WALL TILE 12x24 1,450.00 SF AT $19.23 / SF $27,884

Furnish & Install WATER PROOFING 1,400.00 SF AT $2 / SF $2,800

Furnish & Install self level 70.00 ea AT $67.43 / ea $4,720

Furnish & Install BEVEL TILE EDGES AT CORNERS 100.00 lf AT $3.13 / lf $313

Furnish & Install SCHLUTER 215.00 EA AT $2.5 / EA $538

Furnish & Install MAPEI ULTRAFLEX LHT SG MORTAR WHITE 50LB 40.00 EA AT $17.5 / EA $700

Furnish & Install schluter system installation - Kerdi - 3' 3" x 98' 5" (323 ft2) ❏ 1.00 EA 1695 $1,695 Kerdi band - 5" x 98' 5" ❏ Inside / outside corner sold 10 pack KERECK/FI10 - 10 pack)

KERECK/FA10 - 10 pack)

Kerdi pipe seals - KMS185/12 - 1/2 opening or KMS185/20 - 3/4" opening

Mixing valve seal: (KMSMV235/114 - 1 unit or KMSMV10235/114 - 10 units)

Kerdi drain kit stainless square. dry deck mud Kerdi multi mortar mix —- for warranty have to use this otherwise Schluter won’t give you warranty

Furnish & Install labor only for system 1.00 ea AT $988 / ea $988

Project Subtotal: $71,845 Material Use Tax: $257 Project Total: $72,102

EXCLUSIONS AS FOLLOWS UNLESS CLEARLY OUTLINED IN BID SCOPE: Received 6/17/2024 ROC Legal

1. Excluded from the pricing set forth below are overtime labor, demolition of existing floor covering and adhesives, abnormal floor prep (i.e., grinding, shot blasting/removing curing compounds on concrete, leveling, floating, concrete moisture sealing or ramping to other floor finishes), waxing or sealing resilient floors, vacuuming carpet, protective coverings, providing temporary heat or electricity, and excludes asbestos abatement. If Primera’s Proposal includes a price for the removal of existing flooring materials, the price is based on the removal of one layer of flooring materials. The removal of any additional layers of flooring materials will be subject to a change order. 2. Standard floor preparation is included to fill level expansion joints, and hairline cracks up to 1/8th inch wide only. All other floor preparation is considered abnormal and is 3. To receive new floor coverings, all concrete slabs and other cementitious substrates must be tested for moisture content. The industry standard calcium chloride and/or relative humidity tests will be performed by the Customer, at its sole expense, to determine the water vapor emission of said substrates. Floor coverings described in our proposals will only be installed on substrates with test results that meet the manufacturers’ requirements. A separate proposal for the additional costs will be provided if sealing concrete is required due to moisture test results. After initial test results are provided, the Customer agrees to issue a change order to Primera for any additional testing. 4. This Proposal is based on Primera receiving payment for stored materials (in our warehouse or on the job site). Primera excludes storage of any materials purchased by the Customer or owner. Customer is responsible for the storage of material they are buying. 5. The bid is per finish schedule unless noted otherwise in the proposal description. If ceramic is part of Primera’s scope, the bid excludes epoxy 6. grout, sealing tile, drywall repairs, floor prep (shot blasting, adhesive removal, leveling, etc.). 7. **THIS PROPOSAL DOES NOT INCLUDE PARTICIPATION IN ANY OCIP/CCIP, BONDING, OR RELATED PROGRAMS. REQUESTS FOR PRIMERA TO PARTICIPATE IN SUCH PROGRAMS MAY RESULT IN ADDITIONAL COSTS. Unless stated otherwise in the Work description, our base bid price includes the appropriate MRRA Retail TPT tax on material cost(s).** 8. NOTES:

a. Samples are available upon request. b. Exclusions: demo, removal of existing adhesive, moisture testing, moisture barrier, major floor prep, premium hours, small phases, furniture removal, seal grout/tie, epoxy materials, waterproofing membrane, preformed rubber wall base comers, wood base, steel base, flooring protection, mock-ups, attic stock, initial maintenance, working outside of regular business hours, multiple mobilizations, furniture or electrical moving, modular lift system or areas outside of scope unless noted otherwise. 9. Unless expressly stated, prices specified herein do not include any duties, taxes, tariffs, or similar charges. All prices are subject to increase in the event of a material change to applicable duties, taxes, tariffs, or similar charges, including but not limited to the repeal or modification of USMCA, formerly NAFTA.

PRIMERA PRIMERA PRIMERA PRIMERA PRIMERA PRIMERA PRIMERAPRIMERA PRIMERA PRIMERA BREISE

Signed Signed

ROYCE GARCIA Received 6/17/2024 ROC Legal

2633 E INDIAN SCHOOL RD Phoenix, AZ 85016 Account Manager: ROYCE GARCIA www.qmsaz.net Project Manager: Phone BID # Date Submitted: 6/16/2023 ROC#’s: Proposal For: Submitted to: CLIFTON GUEST HOUSE SCOTT-JUSTIN park ave CLIFTON AZ 85533 8/4/22

Furnish & Install fuel cost 9.00 EA AT $175 / EA $1,575

Furnish & Install perdiem 21.00 EA AT $342.11 / EA $7,184

Furnish & Install rock board labor 3,160.00 SF AT $2 / SF $6,320

Furnish & Install DRY DECK MUD SHOWER 1.00 EA AT $866.67 / EA $867

FLOOR TILE

Furnish & Install CT1 MOSIAC FLOOR TILE 650.00 SF AT $12.2 / SF $7,930

Furnish & Install BORDER TILE 3"X6" WITH 6"X6" IN CORNERS 215.00 LF AT $15.19 / LF $3,266

WAINSCOT

Furnish & Install PENCIL LINER WAINSCOT X2 580.00 LF AT $3.75 / LF $2,175

Furnish & Install CHAIR RAIL 2 x12 300.00 LF AT $3.63 / LF $1,089 CARRERA POLISHED/HONED X1

Furnish & Install 4x4 Base wall border 190.00 lf AT $3.75 / lf $713

Furnish & Install WT-1 WAINSCOT AND SHOWER WALL TILE 12x24 1,450.00 SF AT $18.52 / SF $26,854

Furnish & Install WATER PROOFING 1,400.00 SF AT $2 / SF $2,800

Furnish & Install self level 70.00 ea AT $63.06 / ea $4,414

Furnish & Install BEVEL TILE EDGES AT CORNERS 100.00 lf AT $3.13 / lf $313

Furnish & Install SCHLUTER 215.00 EA AT $2.49 / EA $535

Furnish & Install MAPEI ULTRAFLEX LHT SG MORTAR WHITE 50LB 40.00 EA AT $17.5 / EA $700

Furnish & Install schluter system installation - Kerdi - 3' 3" x 98' 5" (323 ft2) ❏ 1.00 EA 1695 $1,695 Kerdi band - 5" x 98' 5" ❏ Inside / outside corner sold 10 pack KERECK/FI10 - 10 pack)

KERECK/FA10 - 10 pack)

Kerdi pipe seals - KMS185/12 - 1/2 opening or KMS185/20 - 3/4" opening

Mixing valve seal: (KMSMV235/114 - 1 unit or KMSMV10235/114 - 10 units)

Kerdi drain kit stainless square. dry deck mud Kerdi multi mortar mix —- for warranty have to use this otherwise Schluter won’t give you warranty

Furnish & Install labor only for system 1.00 ea AT $988 / ea $988

Project Subtotal: $69,418 Material Use Tax: $246 Project Total: $69,664

EXCLUSIONS AS FOLLOWS UNLESS CLEARLY OUTLINED IN BID SCOPE: Received 6/17/2024 ROC Legal

Conditions of Proposal: 1. Primera may withdraw this Proposal if not accepted within 30 days of its issuance. Primera will consider reasonable requests to engage in negotiations for revisions to this Proposal, including signing a subcontract that incorporates the terms of this Proposal. A proposal not accepted within 30 days will be subject to price escalation for materials. 2. This Proposal is subject to credit review and approval. Payment terms are net 30 days. A convenience fee of 3% will be added if paying via credit card. Past due invoices are subject to service charges of 1.5% per month (18% per annum, or the maximum amount permitted by law). In the case of any default, the Customer shall pay Primera’s reasonable attorney fees and costs, including those on any appeal, even if no suit or action is filed. 3. All work shall be performed in a workmanlike manner according to industry standards. Areas to receive flooring shall be free and clear of debris. Any changes to the work shall be performed only after executing a written change order. 4. Before the commencement of Primera’s work: (a) Customer shall test all concrete subfloors receiving flooring for vapor emission levels and alkalinity per manufacturers’ recommendations utilizing ASTM F2170 and/or F1869 and provide written results to Primera, including a list of any sealers applied to the concrete subfloor; (b) If Customer does not provide such reports at least ten (10) days before commencement of Primera’s work, then Customer shall provide Primera with access to all concrete subfloors for appropriate testing and Customer shall be responsible for the costs of such testing; and (c) Any concrete subfloors not meeting manufacturers’ requirements for installation will 5. All work is contingent upon strikes, accidents, acts of GOD, or delays beyond Primera’s control, and the Customer shall carry insurance for all hazards, including fire. Primera’s workers are fully covered by Worker’s Compensation and Liability Insurance. 6. The Customer represents and warrants that (a) the project site contains NO hazardous or other dangerous substances, either exposed or concealed or (b) the Customer has given written notice to Primera of all such substances and their respective location(s). To the fullest extent permitted by law, Customer shall indemnify, defend and hold harmless Primera from any damage(s), claims, loss, expense, and attorney fees related to Primera’s liability, if any, including any federal or state statute related to hazardous or 7. Primera is fully licensed, bonded, and insured. This Proposal does not include participation in any OCIP/CCIP or related programs, nor does it have the costs of any required bonding, nor the expenses of Primera’s design work or renderings provided to the Customer. Requests for Primera to participate in such programs may result in additional Your signature indicates acceptance of the above quotation. No purchasing or installation shall begin on this job until this signed proposal, a purchase order, or contract documents are received. Please proceed with your standard contract documents. We do not assume the risk of payment

PRIMERA PRIMERA PRIMERA PRIMERA PRIMERA PRIMERA PRIMERAPRIMERA PRIMERA PRIMERA BREISE

Signed Signed

ROYCE GARCIA Received 6/17/2024 ROC Legal

$11,000.00 Jul 7, 2023 Post date 7145 Check # Total

$13,500.00 Aug 7, 2023 Post date 7201 Check # Total

$5,500.00 Oct 13, 2023 Post date 7235 Check # Total

JPMorgan Chase Bank, N.A. Member FDIC ©2024 JPMorgan Chase & Co. Equal Housing Opportunity Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 ROC Legal Justin Jensen <[email redacted]>

Progress Payment Clifton Guest House messages

Royce Garcia <[email redacted]> Mon, Jun 5, 2023 at 3:09 PM To: "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>

23-001 Breise Progress Payment Application.pdf 199K

Scott Long <[email redacted]> Mon, Jun 5, 2023 at 3:37 PM To: Royce Garcia <[email redacted]> Cc: "[email redacted]" <[email redacted]>

How are we supposed to pay your company but we have a signed deal with Primera? Confused Scott Long MANAGING MEMBER 602.639.0007 [email redacted]

On Mon, Jun 5, 2023 at 3:09 PM Royce Garcia <[email redacted]> wrote:

Scott Long <[email redacted]> Mon, Jun 5, 2023 at 3:37 PM To: Royce Garcia <[email redacted]> Cc: "[email redacted]" <[email redacted]>

Also- How did the Clifton project double in price? Scott Long MANAGING MEMBER 602.639.0007 [email redacted]

[Quoted text hidden]

Scott Long <[email redacted]> Mon, Jun 5, 2023 at 3:52 PM To: Royce Garcia <[email redacted]>, Justin Jensen <[email redacted]>

Hey Buddy - You have to help us understand the changes to SF/LF and the much higher labor costs on almost all line items. Thanks Scott Long MANAGING MEMBER 602.639.0007 [email redacted]

On Mon, Jun 5, 2023 at 3:41 PM Royce Garcia <[email redacted]> wrote: We never executed a signed deal with Primera. I held it back, they don’t know anything about Clifton.

Thank You Royce Garcia [email redacted] [email redacted]

On Jun 5, 2023, at 3:38 PM, Scott Long <[email redacted]> wrote:

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl… 1/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 attachments ROC Legal 5-19-23.pdf 690K PROPOSAL 2-21-23 (1).pdf 662K

Royce Garcia <[email redacted]> Mon, Jun 5, 2023 at 4:03 PM To: Scott Long <[email redacted]> Cc: "[email redacted]" <[email redacted]>

Be happy too, I have time tomorrow to go over this let me know when and where if you have time.

In the mean time here are some pics to see details

From: Scott Long <[email redacted]> Sent: Monday, June 5, 2023 3:52 PM To: Royce Garcia <[email redacted]>; Justin Jensen <[email redacted]> Subject: Re: Progress Payment Clifton Guest House

Hey Buddy - You have to help us understand the changes to SF/LF and the much higher labor costs on almost all line items. Thanks

Scott Long

MANAGING MEMBER

602.639.0007

[email redacted]

On Mon, Jun 5, 2023 at 3:41 PM Royce Garcia <[email redacted]> wrote:

We never executed a signed deal with Primera. I held it back, they don’t know anything about Clifton.

Thank You

Royce Garcia

[email redacted]

On Jun 5, 2023, at 3:38 PM, Scott Long <[email redacted]> wrote:

Also- How did the Clifton project double in price?

Scott Long

MANAGING MEMBER

602.639.0007

[email redacted]

On Mon, Jun 5, 2023 at 3:37 PM Scott Long <[email redacted]> wrote:

How are we supposed to pay your company but we have a signed deal with Primera? Confused

Scott Long

MANAGING MEMBER

602.639.0007

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl… 2/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 [email redacted] ROC Legal

[Quoted text hidden]

attachments

clifton.jpg 311K

clifton 1.jpg 304K

clifton 2.jpg 57K

clifton 3.jpg 60K

clifton 5.jpg 67K

Royce Garcia <[email redacted]> To: Scott Long <[email redacted]> Cc: "[email redacted]" <[email redacted]>

Sorry about the delay is been long days and evening getting things up and running. The tile originally was porcelain on floors and walls. After we started changes happened from porcelain to marble with a lot of custom labor. The LF is the 3x6 boarder with a 6x6 on every corner inside and out lined with a metal. These have to be set first and the SF would calculate to about 300$ boarders like this are by the LF. Also the field tile is thicker than the boarder tile. Wall tile again is custom when they decided to add the 6x6 and pencil liners with a chair rail to cap. It’s original but the tile changed again marble with outer corners having to be beveled and p I love this kind of work but being 5 hours away makes it difficult to manage, like all grey thinset was purchased so I purchased alot of white. 3 layers of rock board and self leveling all the room the master upstairs to make it a walk in with no curb. A lot of custom work is going into this project, Victor and I went thru this throughly I priced it as if I was going to have to transfer it to Primera last minute if needed. I’ll see what I can give.

Thank You Royce Garcia [email redacted] [email redacted]

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl… 3/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 On Jun 5, 2023, at 4:03 PM, Royce Garcia <[email redacted]> wrote: ROC Legal

Be happy too, I have time tomorrow to go over this let me know when and where if you have time.

In the mean time here are some pics to see details

From: Scott Long <[email redacted]> Sent: Monday, June 5, 2023 3:52 PM To: Royce Garcia <[email redacted]>; Justin Jensen <[email redacted]> Subject: Re: Progress Payment Clifton Guest House

Hey Buddy - You have to help us understand the changes to SF/LF and the much higher labor costs on almost all line items. Thanks

Scott Long

MANAGING MEMBER

602.639.0007

[email redacted]

On Mon, Jun 5, 2023 at 3:41 PM Royce Garcia <[email redacted]> wrote:

We never executed a signed deal with Primera. I held it back, they don’t know anything about Clifton.

Thank You

Royce Garcia

[email redacted]

On Jun 5, 2023, at 3:38 PM, Scott Long <[email redacted]> wrote:

Also- How did the Clifton project double in price?

Scott Long

MANAGING MEMBER

602.639.0007

[email redacted]

<~WRD0000.jpg>

On Mon, Jun 5, 2023 at 3:37 PM Scott Long <[email redacted]> wrote:

How are we supposed to pay your company but we have a signed deal with Primera? Confused

Scott Long

MANAGING MEMBER

602.639.0007

[email redacted]

<~WRD0000.jpg>

On Mon, Jun 5, 2023 at 3:09 PM Royce Garcia <[email redacted]> wrote:

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl… 4/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 ROC Legal

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl… 5/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 ROC Legal

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl… 6/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 ROC Legal

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl… 7/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 ROC Legal

~WRD0000.jpg 1K

Royce Garcia <[email redacted]> To: Scott Long <[email redacted]> Cc: "[email redacted]" <[email redacted]>

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl… 8/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 ROC Legal Here is a revised pricing for Clifton

[Quoted text hidden] [Quoted text hidden] [Quoted text hidden]

On Mon, Jun 5, 2023 at 3:41 PM Royce Garcia <[email redacted]> wrote:

We never executed a signed deal with Primera. I held it back, they don’t know anything about Clifton.

Thank You

Royce Garcia

[email redacted]

On Jun 5, 2023, at 3:38 PM, Scott Long <[email redacted]> wrote:

Also- How did the Clifton project double in price?

Scott Long

MANAGING MEMBER

602.639.0007

[email redacted]

<~WRD0000.jpg>

On Mon, Jun 5, 2023 at 3:37 PM Scott Long <[email redacted]> wrote:

How are we supposed to pay your company but we have a signed deal with Primera? Confused

Scott Long

MANAGING MEMBER

602.639.0007

[email redacted]

<~WRD0000.jpg>

On Mon, Jun 5, 2023 at 3:09 PM Royce Garcia <[email redacted]> wrote:

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl… 9/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 ROC Legal

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simp… 10/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 ROC Legal

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simp… 11/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 ROC Legal

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simp… 12/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 ROC Legal

REVISED PROPOSAL 6-16-23.pdf 251K

Scott Long <[email redacted]> Fri, Jun 16, 2023 at 1:37 PM To: Justin Jensen <[email redacted]>

I’m going to have to dig into the original bid and plans

This thing can’t just double

Know what I mean [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simp… 13/14 Received 5/8/24, 2:29 PM Breise Construction Mail - Progress Payment Clifton Guest House 6/17/2024 -- ROC Legal [Quoted text hidden]

REVISED PROPOSAL 6-16-23.pdf 251K

Scott Long <[email redacted]> Tue, Jun 20, 2023 at 10:06 PM To: Royce Garcia <[email redacted]>, Justin Jensen <[email redacted]>

Royce, Nowhere in your two bids does it show any change to any scope or materials and the materials have never changed or the patterns so you'll need to provide the documentation as to justify the doubling of the costs with the exact same quotes just one is two times more money. No checks will be cut until we have a proper accounting and some sort of waiver from Primera.

Scott Long MANAGING MEMBER 602.639.0007 [email redacted]

On Mon, Jun 5, 2023 at 3:51 PM Royce Garcia <[email redacted]> wrote: The entire material list changed from plank flooring to marble with a border and metal. You should see the detail of this job it’s really nice but a lot of custom work.

Thank You Royce Garcia [email redacted] [email redacted]

On Jun 5, 2023, at 3:38 PM, Scott Long <[email redacted]> wrote:

[Quoted text hidden]

Justin Jensen <[email redacted]> Fri, Jan 19, 2024 at 3:43 PM To: Scott Long <[email redacted]>

---------- Forwarded message --------- From: Scott Long <[email redacted]> Date: Tue, Jun 20, 2023 at 10:06 PM Subject: Re: Progress Payment Clifton Guest House [Quoted text hidden] [Quoted text hidden]

-- Justin Jensen Managing Member Breise Construction LLC 602-390-2603 www.breiseconstruction.com

Scott Long <[email redacted]> Tue, May 7, 2024 at 11:19 AM To: Justin Jensen <[email redacted]>, Lori Deopere <[email redacted]>

Scott Long MANAGING MEMBER 602.639.0007 [email redacted]

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=43ae9e1552&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simp… 14/14 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3