2024A-04754-CHC-ROC Notice of Hearing & Packet MAILED.pdf

2024A-04754-CHC-ROC · Registrar of Contractors · 2024-09-23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kevin Randolph , Case No. 2024-04754

COMPLAINANT, Docket No. 2024A-04754-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE K B Home Tucson Inc. License No. ROC 143522,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

November 6, 2024 9:00 AM Kay Abramsohn Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on August 30, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(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 September 23, 2024.

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

Copy mailed via USPS First Class mail September 23, 2024 to:

Respondent(s) K B Home Tucson Inc. 3501 E Speedway Blvd Ste. 101 Tucson, AZ 85716

Respondent's Attorney Jason R. Mullis Esq. 2525 E. Camelback Road, Suite 450 Phoenix, AZ 85016 Complainant(s) Kevin Randolph 5538 W Tumacacori Trls Tucson, AZ 85742

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Case No. 2024-04754 /

Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● 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 If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? 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

How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? 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 If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? 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: Kevin Randolph 5538 W Tumacacori Trls Tucson, AZ 85742

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: K B Home Tucson Inc 3501 E Speedway Blvd Ste 101 Tucson, AZ 85716

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 May 6, 2024

Re: Complaint No. 2024-04754

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for June 6, 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,

John Smith, Investigator #194 (520) 483-0027 [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 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 What to expect after a Jobsite Inspection 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 professionalism to

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

Kevin Randolph Mailing Address (Enter jobsite in Contract/Project section) City State Zip

5538 W Tumacacori Trls Tucson Arizona 85742 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)

K B Home Tucson Inc ROC 143522 Street Address City State Zip

Phone Number Email

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

Rose Rodriguez Contract/Project Information Contract Date Contract Amount Amount Paid

May 17, 2023 $432,000.00 $432,000.00 Date Work Started Date Work Stopped Date Work Was Completed

February 18, 2024 December 31, 2023 December 31, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

5538 W Tumacacori Trls Tucson AZ 85742 Name of Construction Site Owner Construction Site Name (if applicable)

Lot 227 Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Desert Valley Landscape The contract was Written All change orders were Both This project was Residential This project involved New Home

A building permit was obtained by Contractor 1 Pima County 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)

KB Home is slow to respond and refuses to address listed issues Allegations Listed on Complaint:

Propper amount of gravel not provided in front & side yard

Roof tiles not extended low enough transitioning to patio roof

Underlayment exposed near vent on roof

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

Kevin Randolph \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB Home Sales - Tucson Inc.

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT REVISION TO TOTAL PURCHASE PRICE Date of Purchase Agreement 3/19/2023 Buyer Kevin M Randolph Buyer Selina S Randolph Community Colina De Anza Traditions Sales Person: Francis Evans, Jr Lot 227 Block 056 Arch. Plan 135.1909 Address 5538 W Tumacacori Tr Tucson AZ 85742

This Supplemental Addendum to Purchase Agreement (this “Supplemental Addendum”) amends the Purchase Agreement and Escrow Instructions. Seller and Buyer have entered into that certain Purchase Agreement and Escrow Instructions (the “Agreement” or the “Purchase Agreement”) to purchase the property described above, together with the improvements thereon (the “Property”). All terms in this Supplemental Addendum shall mean as such terms are defined in the Agreement. To the extent that any of the terms and conditions of this Supplemental Addendum conflict with the Purchase Agreement, the terms and conditions of this Supplemental Addendum shall govern and control. Seller and Buyer agrees as follows:

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

MIR DISCOUNT The home selected by Buyer is under construction and includes "Builder Selected Options", which are non-standard items Seller is incorporating into the home. The value of these items is shown on Buyer's purchase price summary for the contract as "Studio Options". Buyer(s) accepts these selections as final selections.

Provided Buyer closes the purchase of the Property on or before (the "Outside Closing Date"), obtains financing through Seller’s affiliated lender, KBHS Home Loans, LLC (“KBHS”), and complies with all the other terms of the purchase contract, at closing Seller shall credit Buyer ($7,057.00) to be applied toward such Builder Selected Options, thereby reducing the total purchase price of the home. This incentive has been accounted for and is reflected in the Total Purchase Price listed on Line Item 7 of Purchase Contract, herein. Buyer acknowledges that in order to close by the Outside Closing Date, Buyer may be required to apply for a loan and obtain loan approval, and undertake Buyer's final walk-through of the home, within shorter time periods than the Agreement otherwise allows. If home is not completed within five (5) business days prior to the Outside Closing Date, then the Outside Closing date shall be extended on a day for day basis for each day thereafter until it is completed. Incentives are not substitutable, transferable or redeemable for cash.

CLOSING COSTS TO BE USED WITH KBHS

Seller and Buyer have entered into the Purchase Agreement for the home on the Lot described above. All capitalized words used in this Amendment to Purchase Agreement and Escrow Instructions but not defined herein shall have the same meaning as such terms are defined in the Purchase Agreement. Seller and Buyer hereby agree to amend the Purchase Agreement by adding the following provision, which shall supersede any conflicting terms in the Purchase Agreement or in any other Amendments or Addenda to the Purchase Agreement:

If Buyer closes escrow on the home with KBHS as Buyer’s lender, Seller agrees to pay at close of escrow up to $12,943.00 to be applied toward Buyer’s closing costs and/or pre-paid items, including loan points and fees associated with an interest rate buydown, but not to exceed the applicable cap on seller contributions under the lender’s guidelines for the applicable loan program (the “Closing Cost Credit”). Buyer is solely responsible for all closing costs and pre-paid items in excess of the Closing Cost Credit, and if the actual amount of Buyer’s closing costs and pre-paid items is less than the Closing Cost Credit, then Buyer shall only receive a portion of the Closing Cost Credit up to the actual amount of Buyer’s closing costs and pre- paid items, with no right to receive the remainder of the Closing Cost Credit.

If, after Seller and Buyer enter into this Amendment, Buyer elects to close escrow on the home with a lender other than KBHS, Seller’s offer to provide the Closing Cost Credit shall be automatically rescinded.

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

This Amendment shall not be binding upon Seller until accepted by Seller as evidenced by execution by an authorized officer of Seller. Execution by Seller’s salesperson or broker does not constitute acceptance by Seller.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

Buyer’s offer is accepted upon execution by an authorized representative of Seller, in the space provided below, Only upon such acceptance shall Buyer’s offer become a firm and binding contract, subject to the herein stated terms and conditions.

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

Seller and Buyer have entered into a Purchase Agreement to purchase the homesite described above, together with the improvements to be constructed thereon. All terms used in this Addendum to Purchase Agreement shall have the same meaning as such terms are defined in the Purchase Agreement as follows:

Buyer and Seller agree and acknowledge that Seller will contribute $12,943 toward Buyer’s closing costs with the use of KBHS Home Loans and give a price discount of $7,057 on total purchase price in lieu of contributing $20,000 toward Buyer’s closing costs. New total purchase price will be $431,447.

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Its: Date: REV 05/01/03 Certificate Of Completion Envelope Id: 12ABBEB0920642E68B793C0986CAD179 Status: Completed Subject: Signature Required: Your KB Home Purchase Agreement, Colina De Anza Traditions, 227, Randolph CompanyNo: 3007 Source Envelope: Document Pages: 3 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 0 Francis Evans Jr. AutoNav: Enabled 9102 Southpark Ctr LP Suite 100 EnvelopeId Stamping: Enabled Orlando, FL 32819 Time Zone: (UTC-08:00) Pacific Time (US & Canada) [email redacted] IP Address: 136.226.66.182

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Signer Events Signature Timestamp KEVIN MICHAEL RANDOLPH Sent: 3/23/2023 2:43:22 PM [email redacted] Viewed: 3/23/2023 4:08:51 PM Security Level: Email, Account Authentication Signed: 3/23/2023 4:11:19 PM (None) Signature Adoption: Pre-selected Style Using IP Address: 76.134.174.129

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Selina Randolph Sent: 3/23/2023 2:43:22 PM [email redacted] Viewed: 3/23/2023 4:09:04 PM Security Level: Email, Account Authentication Signed: 3/23/2023 4:09:48 PM (None) Signature Adoption: Pre-selected Style Using IP Address: 76.134.174.129 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:21:31 PM ID: 185ca92e-412c-46ec-8275-0a5f1f632784 Company Name: KB Home

In Person Signer Events Signature Timestamp In Person Signing Host: Sent: 3/23/2023 2:42:50 PM Francis Evans Jr. Viewed: 3/23/2023 2:43:02 PM [email redacted] Signed: 3/23/2023 2:43:20 PM In Person Signer: Francis Evans, Jr Signature Adoption: Pre-selected Style Security Level: In Person Using IP Address: 136.226.66.182

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp Eddie Holmes Sent: 3/23/2023 4:11:21 PM [email redacted] Regional Sales Manager KB Home Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Jeff Miller Sent: 3/23/2023 4:11:20 PM [email redacted] Viewed: 3/24/2023 4:44:09 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

John Conway Sent: 3/23/2023 4:11:20 PM [email redacted] Viewed: 3/23/2023 5:11:52 PM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/22/2020 12:19:09 PM ID: 2e303e60-ec27-4184-b07a-7bdad7194b86 Company Name: KB Home

Tammy Thompson Sent: 3/23/2023 4:11:21 PM [email redacted] DUP Manager KB Home Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/23/2023 2:42:50 PM Certified Delivered Security Checked 3/23/2023 4:09:04 PM Signing Complete Security Checked 3/23/2023 4:09:48 PM Completed Security Checked 3/23/2023 4:11:21 PM

Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 3/23/2016 6:02:36 PM Parties agreed to: KEVIN MICHAEL RANDOLPH, Selina Randolph, In Person Signer: Francis Evans, Jr, John Conway

CONSENT AND AGREEMENT TO RECEIVE, SIGN AND INITIAL ELECTRONIC PURCHASE AGREEMENT DOCUMENTS, NOTICES AND DISCLOSURES BY BUYER(S) (“E-transaction Agreement”) CONSUMER DISCLOSURE This E-transaction Agreement contains important information that you are entitled to receive before you consent and agree to electronically receive, sign and initial your purchase agreement documents, notices and disclosures related to your home purchase (collectively, “documents, notices and disclosures” from the Seller (“we,” “us” or “Company”), and/or its parent company KB Home, its affiliates and subsidiaries. By checking the “I Agree” box, I consent, agree and confirm that: 1. I am solely responsible for reading all of the electronic purchase agreement documents, notices and disclosures, including, without limitation, all of the information that appears between prompts for electronic initials and signatures; and 2. I have the opportunity to scroll up and down in all of the electronic documents by using the scrolling navigation bar along the right side of the documents; and 3. By clicking “next” to forward to the next electronic initial or signature, the prompt may skip over pages to the next electronic initial or signature, but that I can scroll up or down at any time to review all pages; and 4. I will not claim that I did not know or understand what I was initialing or signing if pages are skipped by clicking “next” to forward to the next electronic initial or signature; and 5. I am not required to use electronic initials and signatures; and 6. If, at any time prior to completion of the electronic signature process, I do not want to utilize electronic initials and signatures, I may cancel the electronic signature process and request that I sign and initial all documents by hand in person; and 7. I am voluntarily choosing to use electronic initials and signatures which will create a binding purchase agreement with Seller.

Buyer(s) acknowledge, understand and accept that Buyer’s electronic signatures and initials create a binding purchase agreement with Seller. If you do not want to conduct your purchase transaction by electronic signatures, then exit this program without clicking the ‘I Agree’ box. If you voluntarily elect to proceed to conduct your purchase transaction by electronic signatures with Seller, please read this E-transaction Agreement carefully, follow the instructions to click the ‘I Agree’ box, and download, save and/or print a copy of the E-transactions Agreement for your files. Buyer(s) understand and accept that Buyer(s) are voluntarily agreeing to participate in this E- transaction Agreement during Seller’s purchase agreement process. During this process, it is possible that circumstances may arise causing Seller to require Buyer(s) to provide wet signatures on some or all documents, notices and disclosures before closing. If this occurs, Seller will not have any liability to Buyer(s) and will not pay any compensation or consideration to Buyer(s) for any such duplication of signatures or other inconvenience to Buyer(s). From time to time, Seller may provide Buyer(s) (“you”) with purchase agreement documents, notices, and disclosures related to your home purchase and we may be provide you with certain written documents, notices or disclosures. State laws, the Uniform Electronic Transaction Act (UETA), and federal law, the Electronic Signatures in Global and National Commerce Act (ESIGN), state that a document or signature cannot be denied legal effect or enforceability solely because it is in electronic form. Both laws allow electronic signatures to be used in real estate transactions. Described below are the terms and conditions for providing you with such documents, notices and disclosures electronically through the DocuSign, Inc. (“DocuSign”) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ box. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. Withdrawing your consent If you decide to electronically sign and receive documents, notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required documents, notices and disclosures only in paper format. How you must inform us of your decision to receive future documents, notices and disclosures in paper format and withdraw your consent to receive documents, notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required documents, notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required documents, notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper documents, notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required documents, notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required documents, notices and consents electronically from us or to sign electronically documents from us. Documents, notices and disclosures sent to you electronically may sometimes also require wet signatures Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system required documents, notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any documents, notice or disclosure, we prefer to provide, to the extent possible, the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive the documents, disclosures and notices electronically or in paper format through the paper mail delivery system. However, your consent and agreement does not mean that we are obligated to provide all documents, notices and disclosures to you electronically. We may, in our sole and exclusive discretion, deliver any documents, notices and disclosures to you in paper form should we choose to do so. We may also require that certain communications with you, and certain documents, notices and disclosures be delivered to us in paper form at a specified address. It is also possible that certain third parties involved in the purchase transaction, including but not limited to certain lenders and FHA, VA and USDA loans, may not accept electronic signatures and may require wet signatures on certain documents, notices and disclosures before closing. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the documents, notices and disclosures electronically from us. Seller disclaimer of representations, warranties and liability Seller does not represent or warranty that the DocuSign electronic signature system are or will be error- free. Seller makes no representations or warranties of any kind, whether express, implied in fact or by operation of law, or statutory as to the DocuSign electronic signature system. Seller disclaims all implied warranties of merchantability and fitness for a particular purpose for the DocuSign electronic signature system. Seller expressly disclaims any and all liability arising out of or related to any failures of the DocuSign electronic signature system. If the DocuSign electronic signature system fails in part or in whole, or if Seller discontinues usage of the DocuSign electronic signature system, Buyer(s) understand and accept that Seller may require Buyer(s) to re-execute and provide wet signatures on duplicate purchase agreement documents, notices and disclosures without any compensation or consideration to Buyers. How to contact KB Home:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive documents, notices and disclosures electronically as follows: To contact us by email send messages to: [email redacted].

To advise KB Home of your new e-mail address

To let us know of a change in your e-mail address and where we should send documents, notices and disclosures electronically, you must send an email message to us at [email redacted] and in the body of such request you must state: your previous e-mail address and your new e- mail address. We do not require any other information from you to change your email address.

To request paper copies from KB Home To request delivery from us of paper copies of the documents, notices and disclosures previously provided by us to you electronically, you must send an e-mail to [email redacted] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with KB Home

To inform us that you no longer want to receive future documents, notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to [email redacted] and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent. The consequences of withdrawing consent for online documents will be that transactions may take a longer time to process.

Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic documents, notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving documents, notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I Agree' box. By checking the 'I Agree' box, I consent, agree and confirm that: • I can access and read this CONSENT AND AGREEMENT TO RECEIVE, SIGN AND INITIAL ELECTRONIC PURCHASE AGREEMENT DOCUMENTS, NOTICES AND DISCLOSURES; and • I can print on paper the disclosure or save or send this E-transaction Agreement to a place where I can download, save and/or print it, for future reference and access; and • Until or unless I notify Seller as described above, I consent and agree to receive from Seller through electronic means all purchase agreement documents, notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Seller during the course of my relationship with Seller. I confirm that I have: (a) established an exclusive email address used to authenticate access to, (b) created a password or passcode with, and (c) had my identity validated by authentication through the DocuSign e-signature system on which I am electronically signing this E-transaction Agreement. My electronic signatures and initials create a binding purchase agreement with Seller when signed pursuant to this E-transaction Agreement. DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB Home Sales - Tucson Inc.

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

CLOSING COSTS TO BE USED WITH KBHS

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

To advise KB Home of your new e-mail address

KB Home Sales - Tucson Inc.

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

CLOSING COSTS TO BE USED WITH KBHS

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

To advise KB Home of your new e-mail address

KB Home Sales - Tucson Inc.

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

CLOSING COSTS TO BE USED WITH KBHS

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

To advise KB Home of your new e-mail address

Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic documents, notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving documents, notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I Agree' box. By checking the 'I Agree' box, I consent, agree and confirm that: • I can access and read this CONSENT AND AGREEMENT TO RECEIVE, SIGN AND INITIAL ELECTRONIC PURCHASE AGREEMENT DOCUMENTS, NOTICES AND DISCLOSURES; and • I can print on paper the disclosure or save or send this E-transaction Agreement to a place where I can download, save and/or print it, for future reference and access; and • Until or unless I notify Seller as described above, I consent and agree to receive from Seller through electronic means all purchase agreement documents, notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Seller during the course of my relationship with Seller. I confirm that I have: (a) established an exclusive email address used to authenticate access to, (b) created a password or passcode with, and (c) had my identity validated by authentication through the DocuSign e-signature system on which I am electronically signing this E-transaction Agreement. My electronic signatures and initials create a binding purchase agreement with Seller when signed pursuant to this E-transaction Agreement. 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)

Kevin Randolph Mailing Address (Enter jobsite in Contract/Project section) City State Zip

5538 W Tumacacori Trls Tucson Arizona 85742 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)

K B Home Tucson Inc ROC 143522 Street Address City State Zip

Phone Number Email

Name of Person(s) Representing License

Rose Rodriguez Contract/Project Information Contract Date Contract Amount Amount Paid

May 16, 2023 $432,000.00 $432,000.00 Date Work Started Date Work Stopped Date Work Was Completed

May 15, 2023 May 21, 2024 May 21, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

May 17, 2024 May 17, 2024 Jobsite Street Address City State Zip

5538 W Tumacacori Trls Tucson AZ 85742 Name of Construction Site Owner Construction Site Name (if applicable)

CDA Lot# 227 Phone Number of Construction Site Owner Email of Construction Site Owner

[email redacted] This complaint is for Poor Work 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 New Home

A building permit was obtained by Contractor 1 Marana 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)

Each contractor blames the other: Shower door issue is because of shower pan being out of level, pan is because of walls not being square, shower walls say no issue. Plumber recommends tearing out full shower & rebuilding from scratch. Merge w my other complaint please Allegations Listed on Complaint:

Shower pan out of level in primary bathroom

shower door will not stay closed in primary bathroom

Weep holes in primary shower blocked

Kevin Randolph \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB Home Sales - Tucson Inc.

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

CLOSING COSTS TO BE USED WITH KBHS

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

To advise KB Home of your new e-mail address

KB Home Sales - Tucson Inc.

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

CLOSING COSTS TO BE USED WITH KBHS

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

To advise KB Home of your new e-mail address

KB Home Sales - Tucson Inc.

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

CLOSING COSTS TO BE USED WITH KBHS

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

To advise KB Home of your new e-mail address

KB Home Sales - Tucson Inc.

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

CLOSING COSTS TO BE USED WITH KBHS

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

To advise KB Home of your new e-mail address

Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic documents, notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving documents, notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I Agree' box. By checking the 'I Agree' box, I consent, agree and confirm that: • I can access and read this CONSENT AND AGREEMENT TO RECEIVE, SIGN AND INITIAL ELECTRONIC PURCHASE AGREEMENT DOCUMENTS, NOTICES AND DISCLOSURES; and • I can print on paper the disclosure or save or send this E-transaction Agreement to a place where I can download, save and/or print it, for future reference and access; and • Until or unless I notify Seller as described above, I consent and agree to receive from Seller through electronic means all purchase agreement documents, notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Seller during the course of my relationship with Seller. I confirm that I have: (a) established an exclusive email address used to authenticate access to, (b) created a password or passcode with, and (c) had my identity validated by authentication through the DocuSign e-signature system on which I am electronically signing this E-transaction Agreement. My electronic signatures and initials create a binding purchase agreement with Seller when signed pursuant to this E-transaction Agreement. Complainant: Kevin Randolph 5538 W Tumacacori Trls Tucson, AZ 85742

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

Re: Complaint No. 2024-04754

Dear Complainant and Respondent:

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [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 C008 12/23 A Guide to Jobsite Inspections

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 professionalism to

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Arizona Registrar of Contractors Jobsite Inspection Notes Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Complainant: Kevin Randolf Respondent: K B Home Tucson Inc

Present for the complainant: • Kevin Randolf Present for the respondent: • Mark Thurston • Logan Hall

Overview of project: This is a new construction home with the close of escrow stated to be 5/17/2023

(Complaint Items) Complaint Item 1: “Contractor refused to remediate other than adding more caulk.” Investigator’s Observations: Verified. The wall at the left side of the master shower: • The wall above the shower panel bows outward 1/4 in the center. • The shower wall panel bows inward 1/8 inch in the center. • This results in the caulking along the top of the shower panel being 3/8 wider in the cent than at the ends. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

(Allegations) Complaint Item 2: “Bathroom shower wall not properly affixed to drywall; Gap filled with glue and caulk; Wall still bowed, gap present” Investigator’s Observations: Verified. The wall at the left side of the master shower: • The wall above the shower panel bows outward 1/4 in the center. • The shower panel box inward 1/8 inch in the center. • This results in the caulking along the top of the shower panel being 3/8 wider in the cent than at the ends. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

(Addendum Complaint Items, submitted 5/12/2024) Complaint Item 3: “KB Home is slow to respond and refuses to address listed issues” Investigator’s Observations: This statement by the complainant does not implicate a workmanship issue, or a violation of A.R.S. § 32-1154(A). Governing Rule: N/A

RCC100

Arizona Registrar of Contractors Jobsite Inspection Notes (Addendum Allegations, submitted 5/12/2024) Complaint Item 4: “Propper amount of gravel not provided in front & side yard” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There are some very small areas of dirt visible through the landscaping rock. (primarily in areas of foot traffic around the house) The depth of the landscaping rock varies from approximately 1 inch to approximately 3 inches. Arizona Workmanship Standards does not specific a minimum thickness of coverage. Governing Rule: N/A

Complaint Item 5: “Roof tiles not extended low enough transitioning to patio roof” Investigator’s Observations: Verified. • The granulated roofing material on the patio cover does extend up, under the tile, of the transitioning slope roof section. o This is an acceptable, and industry standard, installation. • The north corner of the tile roof section, at the transition, is missing roof edge metal, and has exposed edges of the roof sheathing. o This is not meeting workmanship/industry standards. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “Underlayment exposed near vent on roof” Investigator’s Observations: This allegation is NOT verified. The roof was viewed from standing on the patio roof, and from standing on a ladder paced in various locations around the house. There were no areas of visible underlayment observed. Governing Rule: N/A

(Addendum Complaint Items, submitted 5/21/2024) Complaint Item 7: “Each contractor blames the other: Shower door issue is because of shower pan being out of level, pan is because of walls not being square, shower walls say no issue. Plumber recommends tearing out full shower & rebuilding from scratch. Merge w my other complaint please” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

(Addendum Allegations, submitted 5/21/2024) Complaint Item 8: “Shower pan out of level in primary bathroom” Investigator’s Observations: Verified. The shower pan is out of level 5/16 inch out of level in a 4 foot span. • This exceeds 3/8 inch out of level in the full net length of the shower pan, approximately 59 inches. As stated in the Arizona Workmanship Standards: • Floors should not vary from flat more than 1/4 inch over a 10 foot area provided the deviation is gradual. • Floors should be level within 1/4 inch in any 12 foot run. Typical installation of a pre-manufactured shower pan includes placement directly on concrete. The current slope of the shower pan is evidence the concrete below does not meeting workmanship standards.

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 9: “shower door will not stay closed in primary bathroom” Investigator’s Observations: Verified. The outer panel of the shower door will not stay fully closed. This appears to be caused by a defect in the upper track. Additionally, the upper track is 5/16 inch out of level in a 4 foot span. • This exceeds 3/8 inch out of level in the full length of the upper track, approximately 58 inches. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “Weep holes in primary shower blocked” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). This shower consists of a pre-manufactured shower pan, and a cultured marble type of wall panels. Unless otherwise specified by the manufacturer of the shower pan, this is an industry standard installation. Governing Rule: N/A

RCC100 11/14

Jobsite Inspection Photos 1 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 2 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

The wall at the left side of the master shower: • The wall above the shower panel bows outward 1/4 in the center. • The shower wall panel bows inward 1/8 inch in the center. • This results in the caulking along the top of the shower panel being 3/8 wider in the center than at the ends.

Jobsite Inspection Photos 3 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 4 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 5 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 6 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 7 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 8 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Some very small areas of dirt visible through the landscaping rock.

Jobsite Inspection Photos 9 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Some very small areas of dirt visible through the landscaping rock.

Jobsite Inspection Photos 10 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Depth of landscaping rock varies from 1 inch to 3 inches.

Jobsite Inspection Photos 11 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Depth of landscaping rock varies from 1 inch to 3 inches.

Jobsite Inspection Photos 12 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Depth of landscaping rock varies from 1 inch to 3 inches.

Jobsite Inspection Photos 13 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Depth of landscaping rock varies from 1 inch to 3 inches.

Jobsite Inspection Photos 14 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

• The granulated roofing material on the patio cover does extend up, under the tile, of the transitioning slope roof section. o This is an acceptable, and industry standard, installation. • The north corner of the tile roof section, at the transition, is missing roof edge metal, and has exposed edges of the roof sheathing. o This is not meeting workmanship/industry standards.

Jobsite Inspection Photos 15 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 16 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 17 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 18 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 19 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Jobsite Inspection Photos 20 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

The shower pan is out of level 5/16 inch out of level in a 4 foot span. • This exceeds 3/8 inch out of level in the full net length of the shower pan, approximately 59 inches.

The outer panel of the shower door will not stay fully closed. This appears to be caused by a defect in the upper track. Additionally, the upper track is 5/16 inch out of level in a 4 foot span. • This exceeds 3/8 inch out of level in the full length of the upper track, approximately 58 inches.

Jobsite Inspection Photos 21 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

This shower consists of a pre-manufactured shower pan, and a cultured marble type of wall panels. Unless otherwise specified by the manufacturer of the shower pan, this is an industry standard installation.

Jobsite Inspection Photos 22 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 6/6/2024 Inspection Time: 9:00AM Jobsite address: 5538 W. Tumacacori Tr., Tucson, AZ 85742

Complainant: Kevin Randolph 5538 W Tumacacori Trls Tucson, AZ 85742

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: K B Home Tucson Inc 3501 E Speedway Blvd Ste 101 Tucson, AZ 85716

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 7, 2024

License No. ROC 143522

Re: Complaint No. 2024-04754

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 July 5, 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 reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Complaint Item 1: “Contractor refused to remediate other than adding more caulk.” Investigator’s Observations: Verified. The wall at the left side of the master shower: • The wall above the shower panel bows outward 1/4 in the center. • The shower wall panel bows inward 1/8 inch in the center. • This results in the caulking along the top of the shower panel being 3/8 wider in the cent than at the ends. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 2: “Bathroom shower wall not properly affixed to drywall; Gap filled with glue and caulk; Wall still bowed, gap present” Investigator’s Observations: Verified. The wall at the left side of the master shower: • The wall above the shower panel bows outward 1/4 in the center. • The shower panel box inward 1/8 inch in the center. • This results in the caulking along the top of the shower panel being 3/8 wider in the cent than at the ends. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 8: “Shower pan out of level in primary bathroom” Investigator’s Observations: Verified. The shower pan is out of level 5/16 inch out of level in a 4 foot span. • This exceeds 3/8 inch out of level in the full net length of the shower pan, approximately 59 inches. As stated in the Arizona Workmanship Standards: • Floors should not vary from flat more than 1/4 inch over a 10 foot area provided the deviation is gradual. • Floors should be level within 1/4 inch in any 12 foot run. Typical installation of a pre-manufactured shower pan includes placement directly on concrete. The current slope of the shower pan is evidence the concrete below does not meeting workmanship standards. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Complaint Item 3: “KB Home is slow to respond and refuses to address listed issues” Investigator’s Observations: This statement by the complainant does not implicate a workmanship issue, or a violation of A.R.S. § 32-1154(A). Governing Rule: N/A

Complaint Item 4: “Propper amount of gravel not provided in front & side yard” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There are some very small areas of dirt visible through the landscaping rock. (primarily in areas of foot traffic around the house) The depth of the landscaping rock varies from approximately 1 inch to approximately 3 inches. Arizona Workmanship Standards does not specific a minimum thickness of coverage. Governing Rule: N/A

Complaint Item 7: “Each contractor blames the other: Shower door issue is because of shower pan being out of level, pan is because of walls not being square, shower walls say no issue. Plumber recommends tearing out full shower & rebuilding from scratch. Merge w my other complaint please” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [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 C009 12/23 Complainant: Kevin Randolph 5538 W Tumacacori Trls Tucson, AZ 85742

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 26, 2024

License No. ROC 143522

Re: Complaint No. 2024-04754

AMENDED 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:

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [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 C009 12/23 Complainant: Kevin Randolph 5538 W Tumacacori Trls Tucson, AZ 85742

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

License No. ROC 143522

Re: Complaint No. 2024-04754

AMENDED 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:

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [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 C009 12/23 Complainant: Kevin Randolph 5538 W Tumacacori Trls Tucson, AZ 85742

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

C012 12/23 Respondent: K B Home Tucson Inc 3501 E Speedway Blvd Ste 101 Tucson, AZ 85716

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

C012 12/23 August 26, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-04754

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for August 29, 2024 at 10:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [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

C012 12/23 Compliance Jobsite Inspection Notes

Complainant: Kevin Randolph 5538 W Tumacacori Trls Tucson, AZ 85742

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Jobsite Inspection Notes

Respondent: K B Home Tucson Inc 3501 E Speedway Blvd Ste 101 Tucson, AZ 85716

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Jobsite Inspection Notes

Case No.: 2024-04754 Investigator: John Smith Inspection Date: August 29, 2024 Inspection Time: 10:00 AM

Complainant: Kevin Randolph

Respondent: K B Home Tucson Inc

Compliance Jobsite Inspection Jobsite address: 5538 W. Tumacaccori Tr., Tucson, AZ 85742

Present for the Complainant: Kevin Randolph, Salina Randolph Present for the Respondent: Darrin Taylor, Logan Hall

Number of days allowed for corrective work, per the Directive: • The initial Directive issued 6/7/2024, specifying a due date of 7/5/2024 • An Amended Directive was issued 6/26/2024, specifying a due date of 7/12/2024 • An Amended Directive was issued 7/12/2024, specifying a due date of 8/2/2024 • Total of days allowed for corrective work, per Directive: 56

Number of days from issuance of the Initial Directive to this inspection: 83

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

Compliance Jobsite Inspection General Notes: This Compliance Inspection was to evaluate the current conditions of item(s) requiring corrective action as stated on the Directive. Those item(s) are listed below.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Jobsite Inspection Notes

Complaint Item 1: “Contractor refused to remediate other than adding more caulk.” Investigator’s Observations from the initial inspection: Verified. The wall at the left side of the master shower: • The wall above the shower panel bows outward 1/4 in the center. • The shower wall panel bows inward 1/8 inch in the center. • This results in the caulking along the top of the shower panel being 3/8 wider in the cent than at the ends. Compliance Inspection Findings for this item: This has NOT been corrected. Work has been performed; however, the current conditions do not meet ROC Workmanship Standards. • As a result of corrective work, there line visible through the paint on the wall. (The line is consistent with that of a marker/sharpie)

Complaint Item 2: “Bathroom shower wall not properly affixed to drywall; Gap filled with glue and caulk; Wall still bowed, gap present” Investigator’s Observations from the initial inspection: Verified. The wall at the left side of the master shower: • The wall above the shower panel bows outward 1/4 in the center. • The shower panel box inward 1/8 inch in the center. • This results in the caulking along the top of the shower panel being 3/8 wider in the cent than at the ends. Compliance Inspection Findings for this item: This has NOT been corrected. Work has been performed; however, the current conditions do not meet ROC Workmanship Standards. • As a result of corrective work, there line visible through the paint on the wall. (The line is consistent with that of a marker/sharpie)

Complaint Item 5: “Roof tiles not extended low enough transitioning to patio roof” Investigator’s Observations from the initial inspection: Verified. • The granulated roofing material on the patio cover does extend up, under the tile, of the transitioning slope roof section. o This is an acceptable, and industry standard, installation. • The north corner of the tile roof section, at the transition, is missing roof edge metal, and has exposed edges of the roof sheathing. o This is not meeting workmanship/industry standards. Compliance Inspection Findings for this item: This has NOT been corrected. Work has been performed; however, the current conditions do not meet ROC Workmanship Standards. • The new metal roof edge metal is not painted.

Complaint Item 8: “Shower pan out of level in primary bathroom” 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Jobsite Inspection Notes

Investigator’s Observations from the initial inspection: Verified. The shower pan is out of level 5/16 inch out of level in a 4 foot span. • This exceeds 3/8 inch out of level in the full net length of the shower pan, approximately 59 inches. As stated in the Arizona Workmanship Standards: • Floors should not vary from flat more than 1/4 inch over a 10 foot area provided the deviation is gradual. • Floors should be level within 1/4 inch in any 12 foot run. Typical installation of a pre-manufactured shower pan includes placement directly on concrete. The current slope of the shower pan is evidence the concrete below does not meeting workmanship standards. Compliance Inspection Findings for this item: This has NOT been corrected. Work has been performed; however, the current conditions do not meet ROC Workmanship Standards. • As part of the corrective work, the shower pan has been replaced. o The original shower drain cap was metal. o The new shower drain cap is white plastic. o A portion of the new shower pan slopes away from the drain, and retains water. o Slope away from the drain measures 3/32 in a 12 inch span.  Shower floors are required to slope towards the shower drain.

Complaint Item 9: “shower door will not stay closed in primary bathroom” Investigator’s Observations from the initial inspection: Verified. The outer panel of the shower door will not stay fully closed. This appears to be caused by a defect in the upper track. Additionally, the upper track is 5/16 inch out of level in a 4 foot span. • This exceeds 3/8 inch out of level in the full length of the upper track, approximately 58 inches. Compliance Inspection Findings for this item: This has been corrected. The complainant stated that other the items described above, he is satisfied with the results of the corrective work that was performed.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Jobsite Inspection Notes

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

John Smith, Investigator #194 (520) 483-0027 [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 C013 12/23 Compliance Inspection Photos 1 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 8/29/2024 Inspection Time: 10:00AM Jobsite address: 5538 W. Tumacaccori Tr., Tucson, AZ 85742

Compliance Inspection Photos 2 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 8/29/2024 Inspection Time: 10:00AM Jobsite address: 5538 W. Tumacaccori Tr., Tucson, AZ 85742

New roof edge metal is not painted.

Compliance Inspection Photos 3 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 8/29/2024 Inspection Time: 10:00AM Jobsite address: 5538 W. Tumacaccori Tr., Tucson, AZ 85742

New roof edge metal is not painted.

Compliance Inspection Photos 4 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 8/29/2024 Inspection Time: 10:00AM Jobsite address: 5538 W. Tumacaccori Tr., Tucson, AZ 85742

New roof edge metal is not painted.

Compliance Inspection Photos 5 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 8/29/2024 Inspection Time: 10:00AM Jobsite address: 5538 W. Tumacaccori Tr., Tucson, AZ 85742

• As part of the corrective work, the shower pan has been replaced. o The original shower drain cap was metal. o The new shower drain cap is white plastic.

Compliance Inspection Photos 6 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 8/29/2024 Inspection Time: 10:00AM Jobsite address: 5538 W. Tumacaccori Tr., Tucson, AZ 85742

Compliance Inspection Photos 7 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 8/29/2024 Inspection Time: 10:00AM Jobsite address: 5538 W. Tumacaccori Tr., Tucson, AZ 85742

A portion of the new shower pan slopes away from the drain, and retains water. • Slope away from the drain measures 3/32 in a 12 inch span.

Compliance Inspection Photos 8 Complaint No.: 2024-04754 Investigator: John Smith #194 Inspection Date: 8/29/2024 Inspection Time: 10:00AM Jobsite address: 5538 W. Tumacaccori Tr., Tucson, AZ 85742

A portion of the new shower pan slopes away from the drain, and retains water. • Slope away from the drain measures 3/32 in a 12 inch span.

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kevin Randolph, Case No. 2024-04754 COMPLAINANT, v. K B Home Tucson Inc., CITATION License No. ROC 143522, RESPONDENT.

The Registrar issues this Citation to K B Home Tucson Inc., (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 14, 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 25, 2024, Kevin Randolph (“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)(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.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge: 2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-04754. 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 14, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of 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

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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 writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any 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 August 30, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 30, 2024 to: Respondent Certified Mail No: [number redacted] K B Home Tucson Inc. 3501 E. Speedway Blvd., Ste. 101 Tucson, AZ 85716 Copy mailed by USPS First Class mail this same date to: Respondent K B Home Tucson Inc. 3501 E. Speedway Blvd., Ste.101 Tucson, AZ 85716 Complainant Kevin Randolph 5538 W. Tumacacori Trls. Tucson, AZ 85742

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. 2024-04754

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Kevin Randolph Mailing Address (Enter jobsite in Contract/Project section) City State Zip

5538 W Tumacacori Trls Tucson Arizona 85742 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)

K B Home Tucson Inc ROC 143522 Street Address City State Zip

Phone Number Email

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

Rose Rodriguez Contract/Project Information Contract Date Contract Amount Amount Paid

February 26, 2024 $431,477.00 $431,447.00 Date Work Started Date Work Stopped Date Work Was Completed

May 17, 2023 April 25, 2024 April 25, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

May 17, 2023 May 17, 2023 Jobsite Street Address City State Zip

5538 W Tumacacori Trl Tucson AZ 85742 Name of Construction Site Owner Construction Site Name (if applicable)

Kevin Randolph Phone Number of Construction Site Owner Email of Construction Site Owner

[email redacted] This complaint is for Poor Work I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? Yes

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

Subcontractor - Mesa Fully Form The contract was Written All change orders were Oral This project was Residential This project involved New Home

A building permit was obtained by Contractor 1 Pima 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)

Contractor refused to remediate other than adding more caulk. Allegations Listed on Complaint:

Bathroom shower wall not properly affixed to drywall; Gap filled with glue and caulk; Wall still bowed, gap present

Kevin Randolph \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB Home Sales - Tucson Inc.

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

CLOSING COSTS TO BE USED WITH KBHS

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

To advise KB Home of your new e-mail address

KB Home Sales - Tucson Inc.

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

CLOSING COSTS TO BE USED WITH KBHS

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

To advise KB Home of your new e-mail address

KB Home Sales - Tucson Inc.

MIR DISCOUNT-V7 ($7,057.00)

Total ($7,057.00)

CLOSING COSTS TO BE USED WITH KBHS

All other terms and conditions to the Purchase Agreement remain the same, and the Purchase Agreement remains in full force and effect as amended hereby.

BUYER //B1// Date: 3/23/2023 //B1Date// Buyer

//B2// Date: 3/23/2023 //B2Date// Buyer

SELLER’S SALES REPRESENTATIVE:

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

By: //SCSign// Date: 3/23/2023 //SCDate// Sales Representative

ACCEPTED BY SELLER: KB Home Sales - Tucson Inc.

By: //DUPSign// Date: //DUPDate// (Authorized Representative of Seller)

By: Date: DESIGNATED BROKER

REV 06/19/2007 – Supplemental Addendum Revision DocuSign Envelope ID: 12ABBEB0-9206-42E6-8B79-3C0986CAD179

KB HOME Sales – Tucson Inc., an Arizona Corporation

SUPPLEMENTAL ADDENDUM TO PURCHASE AGREEMENT Date – March 23, 2023

Date of Purchase Agreement: 3/19/2023 Buyers: Kevin M. and Selina S. Randolph Community/Lot: Colina de Anza Traditions Lot 227

All other terms and conditions shall remain the same.

3/23/2023 3/23/2023 ________________________________ __________________________________ Buyer Date Buyer Date

________________________________ __________________________________ Buyer Date Buyer Date

KB HOME Sales – Tucson Inc.

By: _________________________________________

Record Tracking Status: Original Holder: Francis Evans Jr. Location: DocuSign 3/23/2023 2:40:20 PM [email redacted]

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 4:08:51 PM ID: b7d7c84c-af7a-4b0e-8d5e-a1d1d277da4d Company Name: KB Home

Electronic Record and Signature Disclosure: Accepted: 3/23/2023 2:43:02 PM ID: bf696b32-594e-4009-80f2-1d9c24090624 Company Name: KB Home

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp

Grisol Villalovos Sent: 3/23/2023 4:11:21 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

To advise KB Home of your new e-mail address

Jason R. Mullis Arizona Bar No. 024289 [email redacted] WOOD, SMITH, HENNING & BERMAN LLP 2525 E. Camelback Road, Suite 450 Phoenix, Arizona 85016-4210 Phone: 602.441.1300 ♦ Fax: 602.441.1350 Attorneys for KB Home Tucson Inc. REGISTRAR OF CONTRACTOR OF THE STATE OF ARIZONA KEVIN RANDOLPH, Case No. 2024-04754 WOOD, SMITH, HENNING & BERMAN LLP

TELEPHONE 602.441.1300 ♦ FAX 602.441.1350 2525 E. CAMELBACK ROAD, SUITE 450

Complainant, PHOENIX, ARIZONA 85016-4210

KB HOME TUCSON, INC.'S v. ANSWER TO COMPLAINT AND CITATION KB HOME TUCSON, INC., Respondent. Respondent KB Home Tucson Inc. ("KB Home"), by and through counsel undersigned, hereby submits its Answer to the Complaint and Citation. On April 24, 2024, Complainant Kevin Randolph submitted a Complaint to the Arizona Registrar of Contractors (“the Registrar”). Thereafter, an initial jobsite inspection took place on June 6, 2024. During the jobsite inspection, a bulge in the drywall adjacent to the shower pan was noted to have adversely impacted the intended slope of the shower pan. The remaining issues identified in the Complaint concerned standard punchlist items, many of which the Registrar determined would not require repairs. Following receipt of the initial directive from the Registrar, KB Home addressed all the corrective items identified by the Registrar, as the inspector's report concedes. On August 29, 2024, the Registrar conducted a Compliance Jobsite Inspection and provided a Reinspection Compliance Jobsite report ("Report") based upon the inspector’s

34561981.1:05734-0362 Received 9/13/2024 ROC Legal

observations. See Compliance Jobsite Inspection Notes, attached hereto as Exhibit "1." The Report noted that KB Home took substantial efforts to address each of the items identified in the written directive. The first two complaint items were noted to have been addressed, except for a residual measurement line telegraphing through the paint. This condition may be addressed by merely applying a primer and a second coat of paint. The allegations of improperly affixed drywall, gaps in the wall, and the bowed wall were all addressed. The third item relating to an exposed roof edge metal was similarly addressed, as the only aspect the Claimant complained of was the color the edge metal was painted. It is customary for such metals to match the color of the stucco, as opposed to the color of the roofing system. Indeed, the Report does not identify a workmanship standard KB Home purportedly violated as the color of edge metal is a design preference. Thus, WOOD, SMITH, HENNING & BERMAN LLP

TELEPHONE 602.441.1300 ♦ FAX 602.441.1350 2525 E. CAMELBACK ROAD, SUITE 450

Claimant's grievances reflect a mere personal preference and fails to state a claim on which PHOENIX, ARIZONA 85016-4210

relief can be granted under the workmanship standards of the Arizona Administrative Code § R4-9-108. With regard to the slope of the shower pan, as noted above, the original deficiency related to a bowed/protruding wall, which compromised the performance of the manufactured shower pan. It is undisputed that the original deficiencies were corrected in a satisfactory manner. Shower pans, similar to other building materials, are certified by ANSI and ASTM to meet performance guidelines to ensure a waterproof seal and drain correctly. During the compliance inspection, it was discovered that the shower pan had a manufacturing deficiency resulting in a slight reverse slope away from the drain. KB Home, along with other buyers of such products, are justified in relying upon such certifications and manufacturer warranties. Upon discovering that the shower pan was defective, KB Home has consistently stated that it would correct the issue, if given the opportunity to do so. This is not an instance in which defective work was performed a second time, but a new condition arising that was beyond KB Home's control. Pursuant to A.R.S. § 31-1154(A)(22), a violation may only be found upon a contractor failing to "take appropriate corrective action to comply with this chapter . . .

34561981.1:05734-0362 2 Received 9/13/2024 ROC Legal

without valid justification within a reasonable period of time after receiving a written directive from the registrar." Therefore, a strict liability standard is not applied, necessitating an inquiry into the basis for noncompliance, the efforts of the builder to comply, and the root cause of any continuing deficiency. Upon conducting such an inquiry, it is clear that KB Home did not ignore or attempt to avoid the Registrar's directive, but instead, spared no expense to resolve the corrective action items. KB Home has earned its reputation as one of the most reputable builders in the country by standing behind its work, delivering superior customer satisfaction and creating a culture of excellence. In 2020, it achieved the distinction of being the #1 customer-ranked national builder. Then, in 2022, it was recognized on Fortune's Most Admired Companies list. Most recently, in 2024, it was named in Newsweek's 2024 America's Most Trustworthy WOOD, SMITH, HENNING & BERMAN LLP

TELEPHONE 602.441.1300 ♦ FAX 602.441.1350 2525 E. CAMELBACK ROAD, SUITE 450

Companies list for the third year in a row. These recognitions are evidence of KB Home's PHOENIX, ARIZONA 85016-4210

continued dedication to customer service and high-quality results in home construction. With regard to the Tucson marketplace, KB Home was awarded the Production Builder of the Year award by the Southern Arizona Home Builders Association in 2023. KB Home does not intend to rest on its laurels and desires the opportunity to make this situation right. KB Home regrets that the initial repair process did not turn out as well as it intended, however, it acted in good faith, did not attempt to mask conditions, and takes full responsibility. Instead of imposing discipline, KB Home urges the Registrar to exercise its equitable power by permitting KB Home an opportunity to resolve the Complainant's remaining concerns. DATED: September 13, 2024 WOOD, SMITH, HENNING & BERMAN LLP By: JASON R. MULLIS Attorneys for KB Home Tucson Inc.

34561981.1:05734-0362 3 Received 9/13/2024 ROC Legal

ORIGINAL of the foregoing e-filed this 13th day of September, 2024 with Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007-281 602-542-1525 Kevin Randolph 5538 W. Tumacacori Trls Tucson, AZ 85742 Complainant WOOD, SMITH, HENNING & BERMAN LLP

TELEPHONE 602.441.1300 ♦ FAX 602.441.1350

By: /s/ 2525 E. CAMELBACK ROAD, SUITE 450

PHOENIX, ARIZONA 85016-4210

34561981.1:05734-0362 4 Received 9/16/24, 8:13 AM State of Arizona Mail - Randolph adv. KB Home Tucson, Inc. Case No. 2024-04754 9/13/2024 ROC Legal

Answers - AZROC <[email redacted]>

Randolph adv. KB Home Tucson, Inc. Case No. 2024-04754 message

Jason R. Mullis <[email redacted]> Fri, Sep 13, 2024 at 3:47 PM To: "[email redacted]" <[email redacted]> Cc: "Shellie K. G'Bye" <[email redacted]>, "Amber P. Li" <[email redacted]>

Attached please find KB Home Tucson, Inc.’s Answer to the Citation and Complaint.

Jason R. Mullis

Partner

A 2525 E. Camelback Road, Suite 450, Phoenix, AZ 85016 D 602.441.1314 M 602.315.6838 E [email redacted] W www.wshblaw.com

Personal Bio ∙ LinkedIn ∙ Facebook ∙ X

WSHB CONFIDENTIALITY NOTICE: This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you receive this transmission in error, please notify the sender by reply email and delete this message and any attachments.

Answer to Citation and Complaint.pdf 315K

https://mail.google.com/mail/b/AEoRXRQwmp_9J_dD004BVoqQuv4a2cwXxL-vj0UfX_DnYa5EbKMD/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 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