2024A-04641-CHC-ROC Notice of Hearing & Packet MAILED 2024-04641.pdf

2024A-04641-CHC-ROC · Registrar of Contractors · 2024-07-12

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Antonio Martinez , Case No. 2024-04641

COMPLAINANT, Docket No. 2024A-04641-CHC-ROC

v. NOTICE OF HEARING ON High Performance Homes Inc., CONTESTED CASE DBA: High Performance Homes License No. ROC 339538,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

August 14, 2024 9:00 AM Samuel Fox Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on June 6, 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)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated July 12, 2024.

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

Copy mailed via USPS First Class mail July 12, 2024 to:

Respondent(s) High Performance Homes Inc. DBA: High Performance Homes 2222 W Dunlap St Phoenix, AZ 85021 Complainant(s) Antonio Martinez 9629 W Elm St Phoenix, AZ 85037

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. 2024-04641 /

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

Complainant: Antonio Martinez 9629 W Elm St Phoenix, AZ 85037

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: HIGH PERFORMANCE HOMES INC. DBA: High Performance Homes 2222 W DUNLAP ST PHOENIX, AZ 85021

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 April 24, 2024

Re: Complaint No. 2024-04641

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Monday, May 13, 2024 at 09:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Case No.: 2024-04641 Investigator: Todd Anderson Inspection Date: Monday, May 13, 2024 Inspection Time: 09:00 AM

Jobsite Address: 9629 w elm st phoenix, AZ 85037

Complainant: antonio martinez Respondent: HIGH Not Present: PERFORMANCE HOMES INC. Not Present:

Jobsite General Notes:

*The Respondent was not present at the Jobsite Inspection.

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

Compliance Item: 2 - 3 months of coming home to standing water on my floor, paint flaking from water, and no one coming out to fix the leak for just shy of 3 months. Had to take up wood floor myself and clean away soaked planks. still need paint on windowsill. Investigator’s Observation: The wood flooring was replaced by the homeowner prior to Jobsite Inspection so I was unable to verify any damages to the original flooring (Modification); however, I was able to verify that the contractor still needed to come back to repaint the (4) window sills around the windows which were re-sealed by the contractor as part of warranty work: Two located downstairs on the south-east side of the residence, one west-facing Dining Room window, and a 4th located upstairs on the south-east 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

side of the residence. Contractor should repaint those window sills to match the surrounding areas as closely as possible. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a profession and workmanlike manner.

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

Compliance Item: 1 - leaking windows, 3 downstairs, 1 upstairs due to poor sealing during installation Investigator’s Observation: At the Jobsite Inspection conducted on May 13th 2024, I had the homeowner spray water on two of the three downstairs windows identified on his complaint. The windows were located on the southeast-side of the residence. I waited approximately 5 minutes before going inside the home to check for leaks. I did not observe any leaking or visible moisture on or around those particular windows. The homeowner advised me that the contractor had come back on March 14th to conduct repairs. Meets workmanship standards. Governing Rule: N/A

Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

JSI Photos #2024-04641 P 1 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-04641 P 2 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-04641 P 3 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-04641 P 4 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-04641 P 5 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-04641 P 6 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM JSI Photos #2024-04641 P 7 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM

No Leaks JSI Photos #2024-04641 P 8 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM

No Leaks JSI Photos #2024-04641 P 9 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM

Needs to be painted JSI Photos #2024-04641 P 10 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM

Needs to be painted JSI Photos #2024-04641 P 11 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM

Needs to be painted JSI Photos #2024-04641 P 12 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM

Needs to be painted JSI Photos #2024-04641 P 13 Date: 5/13/24 at 9:00 am JSI PHOTOS 00AM

Needs to be painted Complainant: Antonio Martinez 9629 W Elm St Phoenix, AZ 85037

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: HIGH PERFORMANCE HOMES INC. DBA: High Performance Homes 2222 W DUNLAP ST PHOENIX, AZ 85021

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 13, 2024

License No. ROC 339538

Re:Complaint No. 2024-04641

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on May 28th, 2024.

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 contractor still needed to come back to repaint the (4) window sills around the windows which were re-sealed by the contractor as part of warranty work: Two located downstairs on the south-east side of the residence, one west- facing Dining Room window, and a 4th located upstairs on the south-east side of the residence. Contractor should repaint those window sills to match the surrounding areas as closely as possible. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a profession and workmanlike manner.

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

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

Sincerely,

Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Antonio Martinez Case No. 2024-04641 COMPLAINANT, v. High Performance Homes Inc. CITATION DBA: High Performance Homes, License No. ROC 339538,

RESPONDENT.

The Registrar issues this Citation to High Performance Homes Inc. DBA: High

Performance Homes (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer

this Citation by June 21, 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.

THE WRITTEN COMPLAINT

On April 22, 2024, Antonio Martinez (“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

violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is

charged with violating:

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification with a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license 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 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. 2024-04641. How to File a Written Answer: Respondent’s written answer may be submitted in the

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than June 21, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license. THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license 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 should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 6, 2024. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 6, 2024 to: Respondent Certified Mail No: [number redacted] High Performance Homes Inc. DBA: High Performance Homes 2222 W Dunlap St Phoenix, AZ 85021 Copy mailed by USPS First Class mail this same date to:

Respondent High Performance Homes Inc. DBA: High Performance Homes 2222 W Dunlap St Phoenix, AZ 85021 Respondent High Performance Homes Inc. DBA: High Performance Homes 4200 Se Columbia Way Vancouver, WA 98661 Complainant Antonio Martinez 9629 W Elm St. Phoenix, AZ 85037

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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 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. 2024-04641/du

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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 WELCOME TO A SAFE, FAST, FRIENDLY, “GREEN” PAPER-FREE TRANSACTION.

FEDERAL ESIGN DISCLOSURE AND CONSENT

Please read this Federal ESIGN Disclosure and Consent carefully and print and/download or otherwise keep a copy for your records. The following disclosures are required to be provided to you by your dealer (or the dealer’s service provider, Service Finance Company, LLC) under the federal Electronic Signatures in Global and National Commerce Act (“ESIGN”). They are necessary in order for you to provide your consent to receive and sign the Retail Installment Sale Contract, any Addendum or Amendment thereto (collectively, the “Retail Installment Sale Contract”), and the Consumer Loan Application. Electronic Delivery of Disclosures and Notices By clicking in the box below, you are consenting to receive the Retail Installment Sale Contract, the Consumer Loan Application and all disclosures, notices, terms and conditions, billing statements and other related documents and any changes to the foregoing (collectively, the “Contract Documents”) electronically. Your consent will apply to the dealer, Service Finance Company, LLC (the “Company”), and to any subsequent assignee(s) of the Contract Documents. In order to access, receive and retain the Contract Documents, you must satisfy the minimum system requirements outlined below. We reserve the right, in our sole discretion, to provide you with any of the Contract Documents in paper form instead of, or in addition to, electronic form. Paper Delivery of Disclosures and Notices You are not required to provide your consent in order to proceed with the Retail Installment Sale Contract. If you prefer not to provide your consent, all of the Contract Documents will be executed and provided to you in paper form. If you decide to provide your consent, you still have the right to receive a paper copy of the Contract Documents. To receive a paper copy at no charge, please request it in one of the following ways: send an e-mail message with your name and mailing address to [email redacted]; call us at (866) 254-0497; fax us at (866) 257-8122; or write to us at Service Finance Company, LLC, 555 South Federal Highway, Suite 200, Boca Raton, Florida 33432 with your name and mailing address. Be sure to state that you are requesting a copy of the Contract Documents. System Requirements to Access Information To receive an electronic copy of the Contract Documents, you must have the following equipment and software:  A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.  An Internet web browser which is capable of supporting 256-bit SSL encrypted communications, which requires a minimum web browser version of Microsoft ® Edge version 80.0 (available for downloading at https://www.microsoft.com/en-us/edge) and your system or device must have 256-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.  You must have software which permits you to receive and access Portable Document Format or “PDF” files, such as Adobe® Acrobat Reader® version 8.0 and above (download at http://www.adobe.com/products/acrobat/readstep2.html). These ESIGN disclosures and the Contract Documents are both provided to you in PDF; therefore, your access to this page from your own system/device verifies that your system/device has the necessary software to permit you to receive and access PDF files.  A valid email address or, if you do not have a valid email address, you can use your valid user credentials to access a secure webpage at https://esign.svcfin.com. System Requirements to Retain Information If you have a valid email address, a copy of the Contract Documents will be provided to you upon execution by email in the form of a PDF attachment. A copy of the Contract Documents also will be made available to you upon execution by your accessing a secure webpage at https://esign.svcfin.com/ and logging in using your individual access credentials. To retain a copy of the Contract Documents, you may choose to print them, save them or both. In order to print them, you must have a functioning printer connected to your personal computing device. If you wish to retain an electronic version of the Contract Documents, you must have a personal computing device with the hardware and software necessary to download and store PDF files. Withdrawal of Electronic Acceptance of Disclosures and Notices You can also contact us in any of the ways described above to withdraw your consent to receive any future disclosures, notices, terms and conditions, and other documents related to the Contract Documents electronically, if any. There are no fees for withdrawal of your consent. If you withdraw your consent, we will send all future Contract Documents (if any) to you in paper form. If you decide to withdraw your consent, the withdrawal will not affect the legal effectiveness, validity, and enforceability of prior electronic Contract Documents. Your withdrawal of your consent will be effective within a reasonable period of time following our receipt thereof to allow for time to process your request. Changing your Email Address It is important that you keep your email address current with us. Therefore, please notify us immediately at the addresses and/or telephone numbers set forth above if you change your email address. We may treat your failure to provide us with a valid email address, or the malfunction of the email address we have for you, as a withdrawal of your consent to receive Contract Documents electronically. Right to Discontinue Electronic Provision of Contract Documents We reserve the right, in our sole discretion, to discontinue electronic provision of Contract Documents. We will provide you with notice of any such termination as required by applicable law. If we discontinue electronic provision of Contract Documents, we will send all future Contract Documents (if any) to you in paper form.

Rev 122120 Systems Enhancements If the system requirements for accessing the copy of your Contract Documents on the secure webpage change so as to require different or additional hardware or software, or upgrades, plug- ins or enhancements to the hardware or software used by you (all such changes referred to as a “Systems Enhancement”), we will notify you and you may either withdraw your consent or upgrade your hardware and/or software as required by the Systems Enhancement. If we determine that the need for a Systems Enhancement creates a material risk that you may not be able to access or retain the Contract Documents electronically, we will notify you and allow you to either: (a) withdraw your consent or (b) re-confirm your consent to receive the Contract Documents in a manner that reasonably demonstrates that you have upgraded your hardware or software to conform to the required Systems Enhancement. If you choose to withdraw your consent, or you fail to re-confirm your consent (which we will treat as your withdrawal of consent), you will no longer receive Contract Documents electronically and we will send all future Contract Documents to you in paper form.

By clicking the box “Yes, I consent” below, you:  acknowledge your receipt and review of the foregoing Federal ESIGN Disclosure and Consent;  give your affirmative consent to our providing electronic Contract Documents to you as described above;  acknowledge that you are signing the Contract Documents using an electronic signature and thus agreeing to their terms;  agree that the electronic Contract Documents may be authenticated, stored and transmitted (as applicable) by electronic means and are valid for all legal purposes per applicable law;  agree that the Company and any person to whom the electronic Contract Documents are later transferred shall have the right to convert them at any time to paper-based Contract Documents, and in such event, the paper-based Contract Documents will be enforceable and valid, and that you intend that the printing of the representation of your electronic signature on the paper-based Contract Documents from the system in which the electronic Contract Documents are stored will be your original signature on the paper-based Contract Documents and will serve to indicate your present intention to authenticate the paper-based Contract Documents, and that the paper-based Contract Documents will then be a valid original writing for all legal purposes, and that upon conversion to paper- based Contract Documents, your obligations in the electronic Contract Documents shall automatically transfer to and be contained in the paper-based Contract Documents and you intend to be bound by such obligations; and  confirm that your computer or access device satisfies the hardware and software requirements needed to access and retain the Contract Documents that will be provided to you in electronic form, including through use of a valid email address to access the Contract Documents as an attachment in portable document file

Rev 122120 (PDF) format and/or by logging in to our secure webpage to access the Contract Documents in PDF format. If you click the box “No, I do not consent”, you are not consenting to our providing electronic Contract Documents to you as described above, and you will not be permitted to proceed to the Contract Documents via this method and instead must contact us as described above for further information.

✘ "Yes, I consent" "Yes, I consent"

"No, I do not consent" "No, I do not consent"

ANTONIO E MARTINEZ

Rev 122120 NOTICE REGARDING REQUIRED DOCUMENTATION

THIS RETAIL INSTALLMENT CONTRACT SHALL NOT BE BINDING ON THE SELLER UNLESS THE BUYER DELIVERS ALL REQUESTED DOCUMENTATION TO THE SELLER IN A FORM SATISFACTORY TO SELLER.

NOTICE REGARDING WITH PAY DEFERRED INTEREST PROMOTIONAL OFFERS

**** ALL OTHER BUYERS PROCEED TO PAGE TWO****

INTEREST WILL NOT BE CHARGED.

THE INTEREST DESCRIBED IN THE TRUTH-IN-LENDING DISCLOSURE WILL NOT BE CHARGED TO YOU IF YOU SUCCESSFULLY COMPLY WITH THE TERMS OF YOUR PROMOTIONAL PERIOD OFFER (WITH PAY DEFERRED INTEREST LOAN) AS SET FORTH IN THE RETAIL INSTALLMENT CONTRACT OR IN THE ADDENDUM TO THE RETAIL INSTALLMENT CONTRACT WHICH ARE INCLUDED IN THIS PACKAGE.THE TRUTH-IN-LENDING DISCLOSURE CAN BE FOUND ON PAGE ONE OF THE RETAIL INSTALLMENT CONTRACT.

IF YOU HAVE ANY QUESTIONS PLEASE CALL SERVICE FINANCE COMPANY AT 866-254-0497.

WPDI Notice Regarding Required Documentation (RIC)02.13.16v1 Insufficient Check Charge. If you make any payment by this Contract with a check or negotiable instrument that is returned or dishonored, you agree to pay a fee of $10.00 or the actual charge made to us by the depository institution, whichever is greater, for the return of the unpaid or dishonored instrument. Credit Life Assignment Single Joint None This Contract is assigned to Assignee (identify): Premium $ Term IRREGULA IRRE Service Finance ULAR IRRE ULAR IRRE Co. LLC. Insured ULAR IRRE Hwy 555 S Federal ULAR IRRE #200, ULARFLIRREGULAR Boca Raton 33432 . Credit Disability This assignment is made under the terms of a separate agreement made between the Single Joint None Seller and Assignee. Premium $ Term

Itemization of Amount Financed Insured Your signature below means you want (only) the insurance coverage(s) quoted above. If Goods and/or Services Price (including sales tax of "None" is checked, you have declined the coverage we offered. $[number redacted]) $ 34752.00 Service Contract, Paid to: xxxxxxxxxxxxxxxxxx $ 0.00 1. Cash Price $ 34752.00 Manufacturer's Rebate ANTONIO E MARTINEZ DOB $ 0.00 Cash Down Payment $ 0.00 Deferred Down Payment $ 0.00 2. Subtotal $ 0.00 Trade-In Allowance $ 0.00 Less: Amount Owing DOB To:xxxxxxxxxxxxxxx N/A $ 0.00 3. Net Trade-In $ 0.00 4. Total Down Payment (line 2 plus line 3) $ 0.00 5. Unpaid Balance of Cash Price (line 1 minus line 4) $ 34752.00 Fees Paid to Others: DOB

Paid to Public Officials - Filing Fees Only $ 0.00 Paid to Public Officials - Other than Filing Fees $ 0.00 Insurance Premiums* $ 0.00 To:IRREGULA Title Services IRREGULARX $ 0.00 DOB To:IRREGULA IRREGULARX Credit Investigation $ 0.00 To:IRREGULA IRREGULARX $ To:IRREGULA N/A IRREGULARX $ 0.00 To:IRREGULA N/A IRREGULARX $ 0.00 $ 0.00 To:IRREGULA N/A IRREGULARX $ 0.00 To:IRREGULA N/A IRREGULARX $ 0.00 To:IRREGULA N/A IRREGULARX $ 0.00 Additional Terms of the Sales Agreement 6. Subtotal (line 5 plus all Fees Paid to Others) $ 34752.00 Prepayment. You may prepay this Contract in full or in part at any time. Any partial 7. Prepaid Finance Charges prepayment will not excuse any later scheduled payments until you pay in full. $ 0.00 Amount Financed (line 6 minus line 7) $ 34752.00 A refund of any prepaid, unearned insurance premiums may be obtained from us or from the insurance company named in your policy or certificate of insurance. General Terms. You have been given the opportunity to purchase the Goods and Insurance Disclosures described services for the Cash Price or the Total Sale Price. The Total Sale Price is the total price of the Goods and any services if you buy them over time. You agreed to Credit Insurance. Credit life, credit disability, and any other insurance coverage quoted purchase the items over time. The Total Sale Price shown in the Truth-In-Lending below, are not required to obtain credit and we will not provide them unless you sign and Disclosure assumes that all payments will be made as scheduled. The actual amount you agree to pay the additional premium. If you want such insurance, we will obtain it for you will pay may be more or less depending on your payment record. (if you qualify for coverage). We are quoting below ONLY the coverages you have chosen to purchase. We do not intend to charge or collect, and you do not agree to pay, any finance charge or fee, that is more than the maximum amount permitted by either state or federal law for this sale. If you pay a finance charge or fee that is contrary to this provision, we will, instead, apply it first to reduce the principal balance, and when the principal has been paid in full, refund it to you. You understand and agree that some payments to third parties as a part of this Contract may involve money retained by us or paid back to us as commissions or other remuneration. If any section or provision of this Contract is not enforceable, this Contract will remain enforceable without such section or provision.

Home Improvement Retail Installment Contract - AZ RSSIHILAZ-AZ 2/28/2011 Bankers Systems™ Wolters Kluwer Financial Services © 1996, 2011 Page 2 of 4 You agree that the law of the state of Arizona will govern this transaction, which is the state where the home to be improved is located. Federal law may also apply. Security Agreement Default. You will be in default on this Contract if any one of the following occurs (except Security. In this Contract, the term “Property” refers to any collateral which secures this as prohibited by law): Contract, whether by this or separate form, as indicated immediately below.

1. You fail to perform any obligation that you have undertaken in this Contract. o You give us a security interest in the goods (Goods) described above, plus all 2. We, in good faith, believe that you cannot, or will not, pay or perform the obligations accessions to such Property. you have agreed to in this Contract. If you default, you agree to pay our costs for collecting amounts owing, including, without Additional Security. You also assign to us and give us a security interest in proceeds limitation, court costs, and fees (including attorneys' fees) for repossession, repair, and premium refunds of any insurance and service contracts purchased with this storage and sale of the Property securing this Contract. Contract.

If an event of default occurs as to any one of you, we may exercise our remedies against Ownership and Duties Toward Property. If you give us a security interest or a real any or all of you. estate mortgage or deed of trust in Property, (as shown in the Security section and Truth- In-Lending Disclosure) you represent and agree to the following: Remedies. If you are in default on this Contract, we have all of the remedies provided by 1. You will defend our interests in the Property against claims made by anyone else. law, this Contract, any separate personal property security agreement, and any separate You will do whatever is necessary to keep our claim to the Property valid. real estate mortgage or deed of trust. (Sentences 3. and 4. below relate only to personal property security interests.) These include: 2. The security interest you are giving us in the Property comes ahead of the claim of any other general or secured creditor except as disclosed to us by you and agreed 1. We may require you to immediately pay us, subject to any refund required by law, to in writing by us. You agree to sign any additional documents or provide us with the remaining unpaid balance of the amount financed, finance charges and all other any additional information we may require to keep the priority of our claim to the agreed charges. Property. You will not do anything to change our interest in the Property. 2. We may pay taxes, assessments, or other liens or make repairs to the Property if 3. You will keep the Property in your possession in good condition and repair. You will you have not done so. We are not required to do so. Any amount we pay will be use the Property for its intended and lawful purposes. Unless otherwise agreed in added to the amount you owe us and will be due immediately. This amount will earn writing, the Property will be located at your address listed on page 1 of this Contract. interest from the date paid at the rate described in the Promise To Pay and 4. You will not attempt to sell the Property (unless it is properly identified inventory) or Payment Terms section until paid in full. otherwise transfer any rights in the Property to anyone else, without our prior written 3. We may require you to make the Property available to us at a place we designate consent. You will not permit the Property to become attached to any real estate that is reasonably convenient to you and us. without first providing us an opportunity to preserve our priority status. 4. We may immediately take possession of the Property by legal process or self-help, 5. You will pay all taxes and assessments on the Property as they become due. but in doing so we may not breach the peace or unlawfully enter onto your 6. You will notify us of any loss or damage to the Property. You will provide us premises. We may then sell the Property and apply what we receive as provided by reasonable access to the Property for the purpose of inspection. Our entry and law to our reasonable expenses and then toward your obligations. inspection must be accomplished lawfully, and without breaching the peace. 5. Except when prohibited by law, we may sue you for additional amounts if the proceeds of a sale do not pay all of the amounts you owe us. Insurance. If this Contract is secured, you agree to buy property insurance on the Property protecting against loss and physical damage and subject to a maximum By choosing any one or more of these remedies, we do not waive our right to later use deductible amount indicated in the Property Insurance section, or as we will otherwise another remedy (except as limited by Ariz. Rev. Stat. Ann. § 44-5501 C). By deciding not require. You will name us as loss payee on any such policy. In the event of loss or to use any remedy, we do not give up our right to consider the event a default if it damage to the Property, we may require additional security or assurances of payment happens again. before we allow insurance proceeds to be used to repair or replace the Property. You agree that if the insurance proceeds do not cover the amounts you still owe us, you will You agree that if any notice is required to be given to you of an intended sale or transfer pay the difference. You may purchase or provide the insurance through any insurance of the Property, notice is reasonable if mailed to your last known address, as reflected in company reasonably acceptable to us. You will keep the insurance in effect until this our records, at least 10 days before the date of the intended sale or transfer (or such Contract is paid in full. other period of time as is required by law). If you fail to obtain or maintain this insurance, or name us as a loss payee, we may obtain You agree that, subject to your right to recover such property, we may take possession of insurance to protect our interest in the Property. This insurance may include coverages personal property left in or on the Property securing this Contract and taken into beyond those initially required of you. This insurance may be written by a company other possession as provided above. than one you would choose. It may be written at a rate higher than a rate you could obtain If your obligation under this Contract is insured under the Title 1 Property Improvement if you purchased the property insurance required by this Contract. We will add the Loan Regulations of the Department of Housing and Urban Development, our right to premium for this insurance to the amount you owe us. Any amount we pay will be due accelerate the maturity is subject to the limitations of those regulations. immediately. This amount will earn interest from the date paid at the rate described in the Promise To Pay and Payment Terms section until paid in full. Obligations Independent. Each person who signs this Contract agrees to pay this Contract according to its terms. This means the following: Notices 1. You must pay this Contract even if someone else has also signed it. 2. We may release any co-buyer or guarantor and you will still be obligated to pay this ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS Contract. SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR 3. We may release any security and you will still be obligated to pay this Contract. COULD ASSERT AGAINST THE SELLER OF GOODS OR 4. If we give up any of our rights, it will not affect your duty to pay this Contract. SERVICES OBTAINED PURSUANT HERETO OR WITH THE 5. If we extend new credit or renew this Contract, it will not affect your duty to pay this PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR Contract. SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR Warranty. Warranty information is provided to you separately. HEREUNDER. Waiver. To the extent permitted by law, you agree to give up your rights to require us to do certain things. We are not required to: (1) demand payment of amounts COVERED BORROWER SAVINGS CLAUSE. If any provision of this contract contradicts the rights and protections under due; (2) give notice that amounts due have not been paid, or have not been paid in CFR § 232.8 afforded to a “Covered Borrower,” as defined by Federal Law, the appropriate amount, time or manner; or, (3) give notice that we intend to make, then such provision shall be inoperative and have no force and effect with or are making, this Contract immediately due.provided that this provision shall not respect to the Covered Borrower. apply to a “Covered Borrower” as that term is defined by Federal Law.

Home Improvement Retail Installment Contract - AZ RSSIHILAZ-AZ 2/28/2011 Bankers Systems™ Wolters Kluwer Financial Services © 1996, 2011 Page 3 of 4 Signatures Special Notices NOTICE TO BUYER. (1) Do not sign this agreement before you “Seller and all assignees of this contract are authorized to make read it or if it contains any blank spaces. (2) You are entitled to a any and all filings they deem necessary to perfect the security completely filled-in copy of this agreement. interest granted hereby.” BY SIGNING BELOW BUYER AGREES TO THE TERMS ON ALL PAGES OF THIS CONTRACT AND ACKNOWLEDGES RECEIPT OF Agreement to File Financing Statements A COPY OF THIS CONTRACT. You agree that we may, in our sole discretion and without further notice to you, file UCC-1 financing statements, including fixture filings in the applicable governmental Buyer real estate records, for the purpose of documenting our security interest in the Goods located at the property at which they were installed. You further understand and agree that our security interest is a security interest in personal property and not a security interest in your real property.

ANTONIO E MARTINEZ Date

Date

Print buyer's address below signature if other than shown on page 1.

Seller

High Performance Homes Inc Date

o Home Solicitation Sale. This instrument is based upon a home solicitation sale, which is subject to the provisions of title 44, chapter 15. This instrument is not negotiable.

Disbursement Date: DDDDDDDDDD (This date is for Title 1 HUD insurance purposes and may be completed after the Contract is signed to reflect the actual disbursement date, and not any estimated disbursement date. It may appear only on the original form.)

Home Improvement Retail Installment Contract - AZ RSSIHILAZ-AZ 2/28/2011 Bankers Systems™ Wolters Kluwer Financial Services © 1996, 2011 Page 4 of 4 NOTICE OF RIGHT OF RESCISSION (FOR REFINANCING BY A DIFFERENT LENDER OR ORIGINATION OF A NEW RESCINDABLE LOAN) This Notice relates to a consumer credit transaction dated 08/07/2023 , between the Creditor named below and ANTONIO E MARTINEZ (Consumer(s)).

NOTICE OF RIGHT TO CANCEL How to Cancel Your Right to Cancel If you decide to cancel this transaction, you may do You are entering into a transaction that will result in a so by notifying us in writing, at mortgage/lien/security interest on/in your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days Service Finance Co. LLC. (Name of Creditor) from whichever of the following events occurs last: (1) the date of the transaction, which is 555 S Federal Hwy #200 Boca Raton FL 33432 08/07/2023 (Creditor's Business Address) ; or (2) the date you received your Truth-in-Lending You may use any written statement that is signed disclosures; or and dated by you and states your intention to cancel, (3) the date you received this notice of your right to or you may use this notice by dating and signing cancel. below. Keep one copy of this notice because it If you cancel the transaction, the mortgage/lien/ contains important information about your rights. security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the If you cancel by mail or telegram, you must send the steps necessary to reflect the fact that the mortgage/lien/security interest on/in your home has notice no later than midnight of 08/11/2023 (date) been cancelled, and we must return to you any money or property you have given to us or to anyone (or midnight of the third business day following the else in connection with this transaction. latest of the three events listed above). If you send or You may keep any money or property we have given deliver your written notice to cancel some other way, you until we have done the things mentioned above, it must be delivered to the above address no later but you must then offer to return the money or than that time. property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. I WISH TO CANCEL You may offer to return the property at your home or at the location of the property. Money must be returned to the address at right. If we do not take Consumer's Signature Date

possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation.

RECEIPT Each of the undersigned acknowledges receipt of 2 copies of this Notice and warrants that the undersigned are all the persons who are a party to the credit transaction who have or may have an interest in the home at 9629 W ELM ST, PHOENIX, AZ 85037-1071 . Consumer(s):

Date X ANTONIO E MARTINEZ

CONFIRMATION More than 3 business days have elapsed since the undersigned received this Notice, and Truth-in-Lending disclosures, with regard to this transaction. The undersigned certify that the transaction has not been rescinded. Consumer(s):

Date

Routing: Original to Lender - Two Copies to Each Consumer DO NOT SIGN UNTIL 3 BUSINESS DAYS AFTER RECEIPT Bankers Systems, Inc., St. Cloud, MN (1-800-397-2341) Form RR-GEN 1/25/93 (page 1 of 1) SIGNATURE/NAME AFFIDAVIT DATE: 08/07/2023

LOAN#:

BORROWER: ANTONIO E MARTINEZ

COBORROWER:

THIS IS TO CERTIFY THAT MY LEGAL SIGNATURE IS AS WRITTEN AND TYPED BELOW.

________________________________ ___________________________________ ANTONIO E MARTINEZ I AM ALSO KNOWN AS: I AM ALSO KNOWN AS:

ANTONIO E MARTINEZ _______________________________ _______________________________

MARTINEZ,ANTONIO,ERN _______________________________ _______________________________

ANTONIO E MARTINEZ _______________________________ _______________________________

______________________________ _______________________________

_______________________________ _______________________________

Affidavit 01/26/2017v3 Jobsite Inspection Notes

Case No.: 2024-04641 Investigator: Todd Anderson Inspection Date: Monday, May 13, 2024 Inspection Time: 09:00 AM

Jobsite Address: 9629 w elm st phoenix, AZ 85037

Complainant: antonio martinez Respondent: HIGH Not Present: PERFORMANCE HOMES INC. Not Present:

Jobsite General Notes:

*The Respondent was not present at the Jobsite Inspection.

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

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

Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complainant: Antonio Martinez 9629 W Elm St Phoenix, AZ 85037

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 13, 2024

License No. ROC 339538

Re:Complaint No. 2024-04641

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

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

Sincerely,

Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 6/6/24, 4:33 PM State of Arizona Mail - Case 2024-04641-Citation-Do Not Reply

Douglas Ulmer <[email redacted]>

Case 2024-04641-Citation-Do Not Reply message

Douglas Ulmer <[email redacted]> Thu, Jun 6, 2024 at 4:30 PM To: [email redacted] Cc: Douglas Ulmer <[email redacted]> Bcc: [email redacted]

Good Afternoon,

Attached please find an electronic courtesy copy of the Citation issued in Case 2024-04641. This document was also sent to your attention via US Mail.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted].

Thanks,

Douglas Ulmer Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 [email redacted] (602) 542-1525 www.roc.az.gov

20240606 Citation 2024-04641 Mailed.pdf 2762K

https://mail.google.com/mail/u/0/?ik=bac2c3e6c6&view=pt&search=all&permthid=thread-a:r3537598008939993212%7Cmsg-a:r-[number redacted]&simpl=msg-a:r-[number redacted]&mb=1 1/1 Received 6/17/2024 ROC Legal

Written Answer to Citation and Complaint

June 14, 2024

High Performance Homes Inc. d/b/a High Performance Homes (“Respondent”) 4200 SE Columbia Way Vancouver, WA 98661 License No. ROC 339538 Attn: Malek Adel, Chief Strategy Officer & Head of Legal ([email redacted])

With a courtesy copy to:

Antonio Martinez (“Complainant”) [email redacted]

Re: Case No. 2024-04641

Dear Register of Contractors of The State of Arizona:

Respondent’s license should not be suspended or revoked for the following reasons:

A. Charge1: A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Respondent contests Charge 1 and puts forth that all of Respondent’s work has been performed in a professional workmanlike manner. Respondent was in communication with Complainant regarding any and all repairs that needed to be done and Respondent performed such repairs. Respondent was unaware of Complainant’s request for the window sills to be painted but will reach out to Complainant to get that handled.

B. Charge2: A.R.S. § 32-1154(A)(22)

Respondent contests Charge 2 as this is the first notice that Respondent has received from the Register of Contractors of The State of Arizona in connection with the Complaint. On December 21, 2023, Complainant signed the HPH Completion Form, whereby the customer agreed that the job ha been completed in full to customer’s satisfaction and the job was sent for financing. Subsequently, Respondent was in communication with Complainant and performed any and all repairs needed. Additionally, as stated above, Respondent was unaware of Complainant’s request for the window sills to be painted. Thereby, Respondent is surprised to hear of such Complainant and has not been provided with a reasonable period of time to perform any such alleged defective work. Received 6/17/2024 ROC Legal

C. Under A.R.S. § 41-1092.06, Respondent requests an informal settlement conference

Per the investigators notes regarding the inspection on May 13, 2024: the contractor still needed to come back to repaint the (4) window sills around the windows which were re-sealed by the contractor as part of warranty work: Two located downstairs on the south-east side of the residence, one west-facing Dining Room window, and a 4th located upstairs on the south-east side of the residence. Contractor should repaint those window sills to match the surrounding areas as closely as possible.

Respondent will reach out to Complainant to schedule the painting of the window sills, but in the event that Complainant is unresponsive, Respondent requests an informal settlement conference.

Best,

Malek Adel, Esq. [email redacted] Received 6/18/24, 8:00 AM State of Arizona Mail - Written Answer to Citation and Complaint - Case No. 2024-04641.6/17/2024 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint - Case No. 2024-04641. message

Malek Adel <[email redacted]> Mon, Jun 17, 2024 at 9:33 AM To: [email redacted] Cc: "[email redacted]" <[email redacted]>

Dear Registrar of Contractors of the State of Arizona,

Please see attached Written Answer to Citation and Complaint in connection with Case No. 2024-04641. I have also attached the original complaint.

Please confirm receipt.

Best,

Malek Adel Chief Strategy Officer & Head of Legal

HQ: 4200 SE Columbia Way, Suite C Vancouver, WA 98661 OR CCB# 196673 WA HIGHPPH876DN

attachments Martinez, Tony_Written Answer to Citation and Complaint (2).pdf 53K Citation from State of Arizona Contractors Registrar_Received June 14 2024.pdf 8811K

https://mail.google.com/mail/b/AEoRXRT4l-02SqEaej7U4BJhG0yLuiEy5jb7IpIRcKArNrE-xxZX/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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