2024A-04535-CHC-ROC Notice of Hearing & Packet MAILED 2024-04535.pdf

2024A-04535-CHC-ROC · Registrar of Contractors · 2024-06-11

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Joshua Chavez, Case No. 2024-04535

COMPLAINANT, Docket No. 2024A-04535-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE ReModel Everything LLC License No. ROC 337806,

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

HEARING INFORMATION The hearing is set for:

July 26, 2024 1:00 PM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on May 16, 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)

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 June 11, 2024.

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

Copy mailed via USPS First Class mail June 11, 2024 to:

Respondent(s) ReModel Everything LLC 410 E Thunderbird Trl Phoenix, AZ 85042

Complainant(s) Joshua Chavez 4401 W Calle Poco Laveen, AZ 85339

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. 2024-04535 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Scope of work 4401 W Calle Poco Josh Chavez 09-18-2022

A 1200sq ft garage/workshop will be erected on property.

Foundation

● Peet gravel will be placed ● 16”x16” footings with ½” rebar ● 4” slab ● 4” driveway slab Total cost to prep, grading for foundation and lay foundation $8750.00

Steel building install

● Manufacturer will handle delivery and install

Electrical

● 1 - 15amp breaker for lights ● 2 - 20amp breakers for outlets ● 300 ft of flex conduit ● 400ft of 12-2 wire 200 ft of 14-2 wire ● 12 Junction boxes ● 1-15 amp standard light switch, 7-20 amp outlets, 2 GFCI 20 amp outlets ● Brackets and self tapping screws ● Conduit joints and connectors Total to install electrical including material and labor $3800.00 Contract

Acceptance of Contract- $8000.00 is required prior to start date. Upon completion of foundation, $2000.00 will be due immediately. Final payment of $2550.00 will be due upon completion of Electrical outlined in Scope of Work. For any projects in excess of $10,000 60% is required prior to start date, 20% is due halfway through completion, and 20% is due immediately following completion. I authorize my credit card to be charged the remaining balance immediately following completion of the job or a lien will be placed this property. A small fee will be applied to all credit card payments. All work is warranted for 2 years per the AZ ROC workmanship standards. The pricing is only valid for 30 days.

By signing below, I fully agree to all terms listed on this estimate. Contractor

Signature:________________________________Date__________________

Signature: _______________________________Date:__________________

Payment Terms- A 3.5% transaction fee will be applied to the balance for all over the phone credit card payments. A 1.6% transaction fee will be applied for the balance for all smartphone app payments. There are no fees for cash or check payments. October,16 2023

Aaron Michael Land (Remodel Everything),

As requested, all communication must be through email or text. I would like to resolve any issues as soon as possible and continue with the build. Please accept my apologies for the heated text conversation we had. I understand your frustration with this project, and I feel it as well. It was not my intention to get upset. Obviously, you can understand my frustration when the cost increased from the original contract we agreed on with the same amount of work being complete. This entire project has been a nightmare for me. I have had nothing but problems and struggles for 2 years trying to get this done. I’ve spent over $20,000 on preparation, permits and deposits for this and I have absolutely nothing built. The Country could have saved us both a lot of headaches If they would have told us from the beginning that the structure needed to be a minimum 20ft from the property line. Due to the mistake on the county’s part, I am now forced to relocate the building.

I would like to move past our differences and get this build completed. I have the new site plans drawn up and I want to relocate the building around 100ft south of the original location. I have attached the proposed site plan for your review. I think this will be a lot easier for you since there will not be any obstacles in your way. It’s a pretty open area.

My questions to you are as follows,

1. Can you perform the work needed based off the structural plans I provided you with via the emails and the binder? I know you had mentioned they were asking for more than you would normally require. If you complete the work, it must pass all inspections from the county. Can you accomplish this? 2. Once the final permit is approved, the work must be completed within 120 days per the County. Can you meet this deadline? 3. As we spoke about before, we had to remove all electrical from the permits to get it to pass. I will no longer need you to do any electrical. 4. Please provide me with a new quote for the construction of the foundation only. Based on the requirements above and the engineered plans.

I hope we can come together on this and get this done. Please forgive my frustrations and accept my apology. I have had countless issues arise with this and I would like to put them behind us and move forward. If you no longer want to complete the work on this project we can come to an agreement that is fair for both of us. Please let me know what you would like to do. I am anxious to finish the project and hope we can make it happen. Please feel free to contact me via text, email, phone or in person. Thanks for your time and effort.

Josh Chavez

480-529-8240

[email redacted] Complainant Joshua Chavez 4401 W Calle Poco LAVEEN, AZ 85339

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C004 04/21 Respondent: ReModel Everything LLC 410 e Thunderbird Trl Phoenix, AZ 85042

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C004 04/21 May 1, 2024

Re: Complaint No. 2024-04535

Dear ReModel Everything LLC :

The Registrar of Contractors received a formal complaint filed against your license. Enclosed is a complete copy of the complaint for your review.

The Registrar requests that you assist in the agency’s investigation and evaluation of this complaint by submitting a written response to the Registrar within ten (10) days from the date of this letter. Your response should address the allegation(s) raised in the complaint and provide any documentation supporting your response.

Please understand that your written response to the complaint will not be the same as the written answer you would need to file pursuant to A.R.S. §32-1155 if a citation is issued against you.

Thank you for your cooperation.

Sincerely,

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C004 04/21 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)

joshua Elliot chavez Mailing Address (Enter jobsite in Contract/Project section) City State Zip

4401 W Calle Poco LAVEEN Arizona 85339 Phone Number Email

[number redacted] [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)

ReModel Everything LLC ROC 337806 Street Address City State Zip

410 e Thunderbird Trl Phoenix AZ 85042 Phone Number Email

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

Aaron Michael Land Contract/Project Information Contract Date Contract Amount Amount Paid

September 18, 2022 $12,550.00 $8,000.00 Date Work Started Date Work Stopped Date Work Was Completed

Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

4401 W Calle Poco Laveen AZ 85339 Name of Construction Site Owner Construction Site Name (if applicable)

Joshua Chavez Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment;Other I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Written All change orders were Both This project was Residential This project involved Other Slab and electrical for a 30x40 steel building A building permit was obtained by Property Owner 8/28/2023 Laveen/maricopa 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)

We signed a contract to build a slab and electrical. I paid him $8000.00 deposit. After permits were approved he increased the cost of the slab to $15,000. I refused and he offered 30% refund on my deposit. I refused because he did not do any work and asked for a full refund. He refused and is refusing to complete the work or refund my money., Allegations Listed on Complaint:

Agreed to get permits and never did. He filed insufficient forms and plans that were denied.

Agreed to get permits and failed. I was forced to get them myself which I did.

Agreed to build 30x40 cement slab for my build. I paid $8000 deposit and he refused to do the job.

Once permits were approved, he asked for double the amount agreed to in the contract.

After he increased the price of the contract he offered to return only 30% of the $8000.00

When I did not agree to the 30% refund, he refused to do any work or refund my money.

He refuses to speak with me, has not responded to emails or calls, and has stopped working in AZ.

Completely unprofessional, lied several times, refuses to do any work or refund my full deposit.

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

joshua Elliot chavez \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Scope of work 4401 W Calle Poco Josh Chavez 09-18-2022

A 1200sq ft garage/workshop will be erected on property.

Foundation

● Peet gravel will be placed ● 16”x16” footings with ½” rebar ● 4” slab ● 4” driveway slab Total cost to prep, grading for foundation and lay foundation $8750.00

Steel building install

● Manufacturer will handle delivery and install

Electrical

By signing below, I fully agree to all terms listed on this estimate. Contractor

Signature:________________________________Date__________________

Signature: _______________________________Date:__________________

Aaron Michael Land (Remodel Everything),

My questions to you are as follows,

Josh Chavez

480-529-8240

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lt;(;w=;=8..w;R98:9=.¡wT!#%UP<w=.w8w::-R9;9..¢ REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Joshua Chavez, Case No. 2024-04535 COMPLAINANT, v. ReModel Everything LLC CITATION License No. ROC 337806, RESPONDENT.

The Registrar issues this Citation to ReModel Everything LLC (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 31, 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 19, 2024, Joshua Chavez (“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 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. 2024-04535. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than May 31, 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,

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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 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 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

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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 written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated May 16, 2024. By: /s/ Eric Ulinger Eric Ulinger Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 16, 2024 to: Respondent Certified Mail No: [number redacted] ReModel Everything LLC 410 e Thunderbird Trl Phoenix, AZ 85042

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to: Respondent ReModel Everything LLC 410 e Thunderbird Trl Phoenix, AZ 85042

Complainant Joshua Chavez 4401 W Calle Poco Laveen, AZ 85339

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. 2024-04535

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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 October,16 2023

Aaron Michael Land (Remodel Everything),

My questions to you are as follows,

Josh Chavez Scope of work 4401 W Calle Poco Josh Chavez 09-18-2022

A 1200sq ft garage/workshop will be erected on property.

Foundation

● Peet gravel will be placed ● 16”x16” footings with ½” rebar ● 4” slab ● 4” driveway slab Total cost to prep, grading for foundation and lay foundation $8750.00

Steel building install

● Manufacturer will handle delivery and install

Electrical

By signing below, I fully agree to all terms listed on this estimate. Contractor

Signature:________________________________Date__________________

Signature: _______________________________Date:__________________

A 1200sq ft garage/workshop will be erected on property.

Foundation

● Peet gravel will be placed ● 16”x16” footings with ½” rebar ● 4” slab ● 4” driveway slab Total cost to prep, grading for foundation and lay foundation $8750.00

Steel building install

● Manufacturer will handle delivery and install

Electrical

By signing below, I fully agree to all terms listed on this estimate. Contractor

Signature:________________________________Date__________________

Signature: _______________________________Date:__________________

Aaron Michael Land (Remodel Everything),

My questions to you are as follows,

Josh Chavez R89:5ÿ:<8-ÿ>6 X,$,"ÿ)PÿF(0B)J$ÿ6$01ÿUÿY"<ÿYNTÿ*$#"Zÿ989:U8:R;R

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lt;(;w=;=8..w;R98:9=.¡wT!#%UP<w=.w8w::-R9;9..¢ Complainant Joshua Chavez 4401 W Calle Poco LAVEEN, AZ 85339

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C004 04/21 May 1, 2024

Re: Complaint No. 2024-04535

Dear ReModel Everything LLC :

The Registrar of Contractors received a formal complaint filed against your license. Enclosed is a complete copy of the complaint for your review.

Please understand that your written response to the complaint will not be the same as the written answer you would need to file pursuant to A.R.S. §32-1155 if a citation is issued against you.

Thank you for your cooperation.

Sincerely,

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C004 04/21 Received 5/30/2024 ROC Legal

Written Answer to Citation and Complaint Case No. 2024-04535

This project was originally estimated for Foundation and Electrical. Mr. Chavez denied the electrical quote sometime during the permitting process because of the cost of the electrical engineering plans required.

The original estimate given in September of 2022, that Mr. Chavez provided in his complaint, is not the final agreed contract.

After removing the scope of work for the electrical, it was agreed that I would only pour the slab and nothing else. I only supplied drawings for the slab foundation. I told Mr. Chavez that plans/drawings, permits and anything not stated in that estimate was his responsibility. Mr. Chavez has repeatedly said I am incapable of getting them done which is not true. He simply refused to add the cost of that to the contract so it became his responsibility.

Regardless of this I still spent much of my time communicating with Eversafe Buildings and the Permit Department of Maricopa County, trying to get the permit approved. Around September of 2023, 1 year later, Mr. Chavez informed me that Maricopa County is requiring the building be placed a minimum of 20ft from the property line. This was after the permit was approved and then denied by Maricopa County. Mr. Chavez requested that I do the new slab location for the same price as the one estimated 1 year prior. I informed him that was not possible due to it being moved 100ft from its original location. At that time the property line was still not verified. I also informed him that unless the property line was verified and approved by Maricopa County, I would not be able to do the foundation. I asked him to reach out to me when the property line was verified by Maricopa County and I will then begin the work. I explained to him that if I completed the slab before the property line was verified, it would open the possibility for it to fail inspection and require it to be demolished and moved.

Throughout this entire process I have kept communication with Mr. and Mrs. Chavez. I have responded to every email and phone call.

I haven't once refused to do the work. I have provided Mr. Chavez with an estimate for the new location and project. Mr. Chavez has refused and demanded that I do the new foundation at the new location for the estimate given in September of 2022.

Mr. Chavez has demanded a full refund which I informed him is impossible, due the time and work I have spent over the 12 months of delays trying to get this project started and working with Mr. Chavez and Maricopa County. I told Mr. Chavez that it is highly unusual to have a delay of 12 months for such a project. I offered him a refund of 30% due to the delays and time I have already spent on this. He refused and became very angry. Since then he has been very insulting and aggressive in his words and behavior.

I have provided copies of emails between Mr. Chavez and myself regarding the claims he is making and showing it to be untrue. Received 5/30/24, 1:00 PM State of Arizona Mail - Response to Citation and Complaint Case No. 2024-04535 5/30/2024 ROC Legal

Answers - AZROC <[email redacted]>

Response to Citation and Complaint Case No. 2024-04535 message

Aaron Michael <[email redacted]> Thu, May 30, 2024 at 11:37 AM To: [email redacted]

This is in response to case 2024-04535

ResponseToComplaint.pdf 48K

https://mail.google.com/mail/b/AEoRXRRRY62qVhq4NIfY35j0IpM_uqU35ovrdkRW1fvCNeWkumSd/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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