2024A-05580-NPC-ROC Notice of Hearing & Packet MAILED 2024-05580.pdf

2024A-05580-NPC-ROC · Registrar of Contractors · 2024-07-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Miller & Sons Surveying, LLC, Case No. 2024-05580

COMPLAINANT, Docket No. 2024A-05580-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Lino and Son's Developments LLC License Nos. ROC 335955, 340274

RESPONDENT.

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

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

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

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on June 25, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

1156(B).

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

HEARING PROCEDURES AND RULES

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

HEARING PACKET

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

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

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

DISCLOSURE STATEMENT

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated July 30, 2024.

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

Copy mailed via USPS First Class mail July 30, 2024 to:

Respondent(s) Lino and Son's Developments LLC 1402E Aire Libre Ave Phoenix, AZ 85022

Respondent's Attorney S. Gregory Jones, Esq. 2001 E Campbell Ave Ste. 103 Phoenix, AZ 85016 Complainant(s) Miller & Sons Surveying, LLC 2432 W Peoria Ave Ste. 1302 Phoenix, AZ 85029

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. 2024-05580 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

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

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

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

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

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

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

May 17, 2024

Via U.S. Mail and Email

Complainant Miller & Sons Surveying, LLC 2432 W Peoria Ave Ste 1302 Phoenix, AZ 85029

Via U.S. Mail and Email

Respondent Lino and Son’s Developments LLC 1402E Aire Libre Ave Phoenix, AZ 85022

Re: Complaint No. 2024-05580

Dear Complainant and Respondent:

The Registrar received a complaint filed against Lino and Son’s Developments LLC for non- payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

1. Contract signed by both parties for the Leipart residence, but if there was no written contract, then a written statement that includes the following information: I. The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed); II. A description of any written documents used to describe the contract (e.g. bid, proposal, invoice, receipt); III. The names of the people who negotiated the contract; IV. A description of the work to be performed under the contract (including any addenda or change orders); V. The date the work was to be completed; VI. The agreed upon payment schedule; and VII. An explanation of who was to receive payment

Please provide all requested information by May 27, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Documents can be submitted by:

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

Although the complaint is incomplete at this time, Respondent may file a response with the Registrar raising any issues or affirmative defenses to the complaint.

If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.

Sincerely,

/s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Received 6/17/2024 ROC Legal

Law Offices LANE & NACH, P.C. 2001 East Campbell Avenue, Suite 103 Phoenix, Arizona 85016-5573 Tele: 602.258-6000 ~ Fax: 602.258.6003 ~ Direct: 602.247-8584

S. Gregory Jones Of Counsel E-mail: [email redacted]

June 17, 2024

RESPONSE TO NON-PAYMENT COMPLAINT

(Via USPS and email)

Re: Non-Payment Complaint No. 2024-05580 Lino & Son’s Developments LLC KFC Construction Project- 7685 W. Thunderbird, Peoria, AZ 85381

Registrar of Contractors:

This firm represents Lino and Son's Developments LLC (“Contractor” or “Lino and Son’s”) with respect to above-referenced Non-Payment Complaint. Contractor disputes the allegations in the Complaint and denies that it has acted improperly or in a way that violates any rule of the ROC. The services that are subject to the Complaint were not requested by or provided for the benefit of Contractor. Contractor if not the party responsible for the subject invoices and they were only recently sent to it. Finally, Contractor was not paid by the Owner/Client/Prime Contractor for substantial sums owed on the construction project and was specifically not paid for the subject invoices. Accordingly, Contractor requests that the Complaint be dismissed and that the ROC instead cite the prime contractor Supreme Construction Services, LLC for non-payment of same.

Construction Project Background Lino & Son’s was hired by Supreme Construction Services, LLC (“Supreme”) as Contractor under a lump-sum contract dated August 14, 2023 to construct certain improvements for the KFC Construction Project- 7685 W. Thunderbird, Peoria, AZ 85381. The parties utilized Supreme’s form contract, which it signed as “Client”. Supreme is a licensed contractor ROC# ROC 332665. Although it did not identify its precise role on the project, because it is not the Owner of the property, it essentially acted as the Prime Contractor. It is believed Supreme acted closely with a related entity who may be Owner or developer of the site and KFC franchise.

During the course of the KFC Construction Project, the parties got into a dispute over payment. Contractor made numerous requests relating to payment of substantial past due payments owed by Superior. Contractor and Prime Contractor Superior also have engaged in disputes over Superior’s interference with Contractor’s subcontractors and suppliers on the project. In early April, 2024, Superior locked Contractor out of the project. Despite demand for payment and for the ability to resume its contract work, Superior has denied same. Although it has never terminated the Received 6/17/2024 ROC Legal

LAW OFFICES LANE & NACH, P.C. Arizona Registrar of Contractors Complaint No. 2024-05580 June 17, 2024

__________________________

contract or provided written notice of alleged breach Superior has taken over all construction duties on the project since April, 2024 and is actively completing the project as the contractor.

Services by Complainant The professional survey services that are the subject of the Non-Payment Complaint were not provided to Contractor, or for its benefit, or invoiced to it during the project. The services were ordered by Iftikhar Ahmed, Manager and Qualifying Party for Prime Contractor Superior. See Exhibit 2, attached hereto. The Contract Proposal names Texas Land Engineers, Inc., Superior’s project engineer, as the Client. Contractor assisted in coordination with Complainant but was never asked for payment until April, 2024, after Lino & Son’s had been locked out of the project. Notably, throughout the project, Complainant Miller invoiced Texas Land Engineers for the survey work it performed on the project, not Lino & Son’s. See Exhibit 2, attached hereto. Per the email that is part of Exh. 2, Texas Land Engineers informed Complainant in April, 2024 that the services had actually been ordered by Superior’s Manager, Iftikhar Ahmed and invoices should be directed to him for payment. For some reason, instead of doing so, Complainant Miller modified and backdated invoices to reflect billing in the name of “Lino & Sons Development” and attached those invoices to its Complaint. The invoices attached as exhibits to its Complaint falsely depict a series of past unpaid invoices to Lino & Sons that it did not receive and was not obligated to pay. Exhibit contains the true invoices sent by Complainant. Accordingly, the Complaint is on its face invalid and should be dismissed.

Even if Contractor had requested the survey services and had been properly invoiced for same, it would not be liable for non-payment because it has not been paid by Superior for such invoices. Not only is Contractor owed more than $217,000 in past due sums by Superior on the project, but it was specifically not paid for the invoices that are the subject of this Complaint. The invoices were sent by Complainant to its client Texas Land Engineers, Inc. throughout the project and so they are not part of the sums Contractor has billed to Superior, let alone been paid for. Accordingly, Contractor is not responsible for non-payment of the invoices and the Complaint should be dismissed.

Contractor notes that a single invoice in the amount of $1,445 for a separate project designated as “LEIPART RES. 40414 N 69TH PL” on invoice No. 24-046-1 dated May 10, 2024 has been included in the Complaint. That invoice was only four days old at the time the Complaint was filed and not past due. Contractor has reached out to Complainant to pay this latter invoice and made arrangements to pay it tomorrow, June 18, 2024, when Complainant’s staff is able to process the payment. Because the single invoice is not past due, was issued days before the Complaint, and will be promptly paid, the Complaint should be dismissed with respect to this allegation.

Having fully responded to the Complaint, Contractor submits that the ROC should look to for responsibility, and cite if appropriate, the Prime Contractor, Superior. Superior requested the Received 6/17/2024 ROC Legal

LAW OFFICES LANE & NACH, P.C. Arizona Registrar of Contractors Complaint No. 2024-05580 June 17, 2024

__________________________

services, benefitted from them, failed to pay when due, and has assumed complete responsibility of project as Prime Contractor and/or substitute general contractor. Its address is:

Iftikhar Ahmed, Manager Supreme Construction Services, LLC 9375 E Shea Blvd, Suite 100 Scottsdale, AZ 85260

If you have any questions or require any further information regarding this Response or the Complaint, Please feel free to contact me.

Yours very truly,

S. Gregory Jones

cc: Josh Ortiz Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal Received 6/17/2024 ROC Legal

From: Josh Ortiz To: Greg Jones Subject: Fwd: KFC Thunderbirds Date: Monday, June 17, 2024 11:19:39 AM Attachments: TEXAS LAND ENGINEERS KFC 75TH 23-065-5B.pdf TEXAS LAND ENGINEERS KFC 75TH 23-065-5A.pdf TEXAS LAND ENGINEERS KFC 75TH 23-065-4.pdf TEXAS LAND ENGINEERS KFC 75TH 23-065-3B.pdf TEXAS LAND ENGINEERS KFC 75TH 23-065-3A.pdf TEXAS LAND ENGINEERS KFC 75TH 23-065-2.pdf TEXAS LAND ENGINEERS KFC 75TH 23-065-1.pdf

Josh Ortiz [email redacted] 602-405-9442

---------- Forwarded message --------- From: John Gerdes <[email redacted]> Date: Wed, Apr 10, 2024, 1:03 PM Subject: RE: KFC Thunderbirds To: Meri Gallery <[email redacted]>, [email redacted] <[email redacted]>, Juan Salamanca <[email redacted]> Cc: Ashley Hamilton <[email redacted]>, iftikhar ahmed <[email redacted]>

Ashely – It appears these are Construction Phase Services by the Surveyor. This is not part of the design.

Appears that Iftikhar ordered the survey.

Generate an invoice to Owner as CPS and send his way.

Meri - So either the Owner or the Contractor will be responsible for these invoices, but we will get the ball rolling.

Have a good day.

John D. Gerdes, P.E. President Received 6/17/2024 ROC Legal

Texas Land Engineers, Inc. 7102 W. Sam Houston Pkwy N., Suite 230

Houston, Texas 77040

P: 713.955.0145

C:281.743.7760

From: Meri Gallery <[email redacted]> Sent: Wednesday, April 10, 2024 1:16 PM To: [email redacted]; Juan Salamanca <[email redacted]>; John Gerdes <[email redacted]> Subject: Fw: KFC Thunderbirds

Some people who received this message don't often get email from [email redacted]. Learn why this is important

Hello,

My name is Meri, I am reaching out to you because we are working on the attached project since September 2023.

I have sent many invoices and we have not received any payments. We will not be able to continue work on this project if we do not receive payment.

Please advise who I need to contact to resolve this issue.

I have attached all the invoices.

Please let me know if you have any questions or need anything else. Received 6/17/2024 ROC Legal

Thank you,

Meri Gallery

Miller & Sons Surveying

From: [email redacted] <[email redacted]> Sent: Wednesday, August 16, 2023 5:06 AM To: [email redacted] <[email redacted]> Subject: FW: KFC Thunderbirds

From: Josh Ortiz <[email redacted]> Sent: Tuesday, August 15, 2023 3:01 PM To: [email redacted] Subject: Re: KFC Thunderbirds

Hi Paul,

Here is the signed document. Please proceed with the survey.

Thank you,

On Tue, Aug 15, 2023 at 2:43 PM <[email redacted]> wrote:

Josh

Thank you Received 6/17/2024 ROC Legal

Paul

From: Josh Ortiz <[email redacted]> Sent: Tuesday, August 15, 2023 11:29 AM To: [email redacted] Subject: Fwd: KFC Thunderbirds

Here you go.

Thank you,

Juan Salamanca

Texas Land Engineers, Inc.

7102 W. Sam Houston Parkway N.

Suite 230

Houston, TX 77040

Direct: 832-925-7128

Main: 713-955-0145

From: iftikhar ahmed <[email redacted]> Sent: Tuesday, August 15, 2023 12:34 PM To: Juan Salamanca <[email redacted]>; John Gerdes <[email redacted]> Cc: [email redacted] Subject: KFC Thunderbirds

Juan and John Received 6/17/2024 ROC Legal

Can you please send us the Cad file for the civil plan including survey, site plan and grading plan.

I copy Josh, they need it asap please

Thank you

-------------------------------

Iftikhar Ahmed [email redacted]

713-419-6351 Received 6/17/2024 ROC Legal

Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 9/21/2023 23-065-1 623-875-1200

BILL TO

TEXAS LAND ENGINEERS 7102 W SAM HOUSTON PKWY N SUITE 230 HOUSTON, TX 77040

DUE DATE PROJECT NAME

10/5/2023 KFC 75TH AVE & THUNDERBIRD

DESCRIPTION AMOUNT

CONTROL, BUILDING PAD, SET FINISH FLOOR BENCHMARK 1,400.00

Total $1,400.00

Payments/Credits $0.00

Balance Due $1,400.00 Received 6/17/2024 ROC Legal

Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 10/19/2023 23-065-2 623-875-1200

BILL TO

TEXAS LAND ENGINEERS 7102 W SAM HOUSTON PKWY N SUITE 230 HOUSTON, TX 77040

DUE DATE PROJECT NAME

11/2/2023 KFC 75TH & THUNDERBIRD

DESCRIPTION AMOUNT

CALCULATIONS 400.00

BUILDING CORNERS AND COLUMNS LINES 700.00

WATER LINE 525.00

Total $1,625.00

Payments/Credits $0.00

Balance Due $1,625.00 Received 6/17/2024 ROC Legal

Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 11/21/2023 23-065-3A 623-875-1200

BILL TO

TEXAS LAND ENGINEERS 7102 W SAM HOUSTON PKWY N SUITE 230 HOUSTON, TX 77040

DUE DATE PROJECT NAME

12/5/2023 KFC 75TH AVE & THUNDERBIRD

DESCRIPTION AMOUNT

GAS LINE 525.00

TRASH ENCLOSURES 175.00

Total $700.00

Payments/Credits $0.00

Balance Due $700.00 Received 6/17/2024 ROC Legal

Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 11/21/2023 23-065-3B 623-875-1200

BILL TO

TEXAS LAND ENGINEERS 7102 W SAM HOUSTON PKWY N SUITE 230 HOUSTON, TX 77040

DUE DATE PROJECT NAME

12/5/2023 EXTRAS KFC 75TH & THUNDERBIRD

DESCRIPTION AMOUNT

CHANGE ORDER REQUEST

11/07/23 RE-STAKE GAS (FIELD)(2.5) 437.50

Total $437.50

Payments/Credits $0.00

Balance Due $437.50 Received 6/17/2024 ROC Legal

Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 1/24/2024 23-065-4 623-875-1200

BILL TO

TEXAS LAND ENGINEERS 7102 W SAM HOUSTON PKWY N SUITE 230 HOUSTON, TX 77040

DUE DATE PROJECT NAME

2/7/2024 KFC 75TH AVE & THUNDERBIRD

DESCRIPTION AMOUNT

AS-BUILTS 350.00

Total $350.00

Payments/Credits $0.00

Balance Due $350.00 Received 6/17/2024 ROC Legal

Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 3/20/2024 23-065-5A 623-875-1200

BILL TO

TEXAS LAND ENGINEERS 7102 W SAM HOUSTON PKWY N SUITE 230 HOUSTON, TX 77040

DUE DATE PROJECT NAME

4/3/2024 KFC 75TH & THUNDERBIRD

DESCRIPTION AMOUNT

CALCULATIONS 300.00

CURB AND GUTTER 1,480.00

DRIVE WAY 525.00

Total $2,305.00

Payments/Credits $0.00

Balance Due $2,305.00 Received 6/17/2024 ROC Legal

Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 3/20/2024 23-065-5B 623-875-1200

BILL TO

TEXAS LAND ENGINEERS 7102 W SAM HOUSTON PKWY N SUITE 230 HOUSTON, TX 77040

DUE DATE PROJECT NAME

4/3/2024 KFC 75TH AVE & THUNDERBIRD

DESCRIPTION AMOUNT

CHANGE ORDER REQUEST

2/13/24 STAKE SRP (FIELD)(3.0) 525.00

Total $525.00

Payments/Credits $0.00

Balance Due $525.00 Received 6/18/24, 2:49 PM State of Arizona Mail - Complaint No. 2024-05580/ Response 6/17/2024 ROC Legal

Legal New Mail - AZROC <[email redacted]>

Complaint No. 2024-05580/ Response message

Greg Jones <[email redacted]> Mon, Jun 17, 2024 at 3:59 PM To: "[email redacted]" <[email redacted]> Cc: Josh Ortiz <[email redacted]>, Jenna Pitchel <[email redacted]>

Attached is a copy of the Response by Contractor Lino & Sons Development LLC., with attachments. Please let me know if you need anything else from us.

Greg Jones

S. Gregory Jones LANE & NACH, P.C.

2001 East Campbell Avenue, Suite 103

Phoenix, Arizona 85016

Telephone: 602-258-6000 x330

Direct Line 602-247-8584

Mobile: 480-220-0924

Facsimile: 602-258-6003

THIS TRANSMISSION IS INTENDED FOR THE SOLE USE OF THE PERSON TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION WHICH IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. DISSEMINATION, DISTRIBUTION OR COPYING THIS COMMUNICATION IS PROHIBITED.

attachments ROC Response.pdf 94K Exh 1 Construction Project.pdf 709K Exh 2 Email Fwd_ KFC Thunderbirds w attachments.pdf 1043K

https://mail.google.com/mail/b/AEoRXRSqF_zY6Z6GWygyMulIxrK0Ep4TkVs65_FWHvZr99_uGFwB/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Miller & Sons Surveying, LLC, Case No. 2024-05580 COMPLAINANT, v.

Lino and Son’s Developments LLC, CITATION License Nos. ROC 335955, 340274,

RESPONDENT.

The Registrar issues this Citation to Lino and Son's Developments LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 10, 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 May 14, 2024, Miller & Sons Surveying, LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(10) Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee’s

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 operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-05580. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than July 10, 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

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

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 RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 25, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 25, 2024 to: Respondent Certified Mail No: [number redacted] Lino and Son’s Developments LLC 1402E Aire Libre Ave Phoenix, AZ 85022

/// ///

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class Mail this same date to: Respondent Lino and Son’s Developments LLC 1402E Aire Libre Ave Phoenix, AZ 85022 Respondent’s Attorney S. Gregory Jones, Esq. Lane & Nach PC 2001 E Campbell Ave Ste 103 Phoenix, AZ 85016

Complainant Miller & Sons Surveying, LLC 2432 W Peoria Ave Ste 1302 Phoenix, AZ 85029 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. 2024-05580 / KR

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RECEIVED 05/14/2024 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2024-05580 P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) PAUL M MILLER Street Address City State Zip Code 2432 W PEORIA AVE, STE 1302 PHOENIX Arizona 85029 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Lino and Son's Developments LLC ROC 340274 Street Address City State Zip Code 1402E Aire Libre Ave Phoenix AZ 85022 Phone Number Email Address

Name of Person(s) Representing License JOSH ORTIZE Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $17,300.00 August 15, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. CONTRACT FOR KFC LOCATED AT 75TH AVE & THUNDERBIRD CONTRACT TOTAL $15,855.OO; PROJECT- LEIPART RESIDENCE 40414 N 68TH PLACE, PROJECT BASED ON TIME & MATERIAL CURRENT BALANCE IS $1,445.00

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date PAUL M MILLER Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are 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. RECEIVED Printed Name Signature Date 05/14/2024 PAUL M MILLER ROC LEGAL RECEIVED 05/14/2024 ROC LEGAL RECEIVED 05/14/2024 ROC LEGAL Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 9/21/2023 23-065-1 623-875-1200

BILL TO

LINO & SONS DEVELOPMENT 1402 E AIRE LIBRE AVE PHOENIX, AZ 85022

DUE DATE PROJECT NAME

10/5/2023 KFC 75TH AVE & THUNDERBIRD

DESCRIPTION AMOUNT

CONTROL, BUILDING PAD, SET FINISH FLOOR BENCHMARK 1,400.00

Total $1,400.00

Payments/Credits $0.00

Balance Due $1,400.00 RECEIVED 05/14/2024 ROC LEGAL Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 10/19/2023 23-065-2 623-875-1200

BILL TO

LINO & SONS DEVELOPMENT 1402 E AIRE LIBRE AVE PHOENIX, AZ 85022

DUE DATE PROJECT NAME

11/2/2023 KFC 75TH & THUNDERBIRD

DESCRIPTION AMOUNT

CALCULATIONS 400.00

BUILDING CORNERS AND COLUMNS LINES 700.00

WATER LINE 525.00

Total $1,625.00

Payments/Credits $0.00

Balance Due $1,625.00 RECEIVED 05/14/2024 ROC LEGAL Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 11/21/2023 23-065-3A 623-875-1200

BILL TO

LINO & SONS DEVELOPMENT 1402 E AIRE LIBRE AVE PHOENIX, AZ 85022

DUE DATE PROJECT NAME

12/5/2023 KFC 75TH AVE & THUNDERBIRD

DESCRIPTION AMOUNT

GAS LINE 525.00

TRASH ENCLOSURES 175.00

Total $700.00

Payments/Credits $0.00

Balance Due $700.00 RECEIVED 05/14/2024 ROC LEGAL Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 11/21/2023 23-065-3B 623-875-1200

BILL TO

LINO & SONS DEVELOPMENT 1402 E AIRE LIBRE AVE PHOENIX, AZ 85022

DUE DATE PROJECT NAME

12/5/2023 EXTRAS KFC 75TH & THUNDERBIRD

DESCRIPTION AMOUNT

CHANGE ORDER REQUEST

11/07/23 RE-STAKE GAS (FIELD)(2.5) 437.50

Total $437.50

Payments/Credits $0.00

Balance Due $437.50 RECEIVED 05/14/2024 ROC LEGAL Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 1/24/2024 23-065-4 623-875-1200

BILL TO

LINO & SONS DEVELOPMENT 1402 E AIRE LIBRE AVE PHOENIX, AZ 85022

DUE DATE PROJECT NAME

2/7/2024 KFC 75TH AVE & THUNDERBIRD

DESCRIPTION AMOUNT

AS-BUILTS 350.00

Total $350.00

Payments/Credits $0.00

Balance Due $350.00 RECEIVED 05/14/2024 ROC LEGAL Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 3/20/2024 23-065-5A 623-875-1200

BILL TO

LINO & SONS DEVELOPMENT 1402 E AIRE LIBRE AVE PHOENIX, AZ 85022

DUE DATE PROJECT NAME

4/3/2024 KFC 75TH & THUNDERBIRD

DESCRIPTION AMOUNT

CALCULATIONS 300.00

CURB AND GUTTER 1,480.00

DRIVE WAY 525.00

Total $2,305.00

Payments/Credits $0.00

Balance Due $2,305.00 RECEIVED 05/14/2024 ROC LEGAL Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 3/20/2024 23-065-5B 623-875-1200

BILL TO

LINO & SONS DEVELOPMENT 1402 E AIRE LIBRE AVE PHOENIX, AZ 85022

DUE DATE PROJECT NAME

4/3/2024 KFC 75TH AVE & THUNDERBIRD

DESCRIPTION AMOUNT

CHANGE ORDER REQUEST

2/13/24 STAKE SRP (FIELD)(3.0) 525.00

Total $525.00

Payments/Credits $0.00

Balance Due $525.00 RECEIVED 05/14/2024 ROC LEGAL Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 5/14/2024 23-065-6 623-875-1200

BILL TO

LINO & SONS DEVELOPMENT 1402 E AIRE LIBRE AVE PHOENIX, AZ 85022

DUE DATE PROJECT NAME

5/28/2024 KFC 75TH & THUNDERBIRD

DESCRIPTION AMOUNT

CURB AND GUTTER 1,320.00

Total $1,320.00

Payments/Credits $0.00

Balance Due $1,320.00 RECEIVED 05/14/2024 ROC LEGAL Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 5/10/2024 24-046-1 623-875-1200

BILL TO

LINO & SONS DEVELOPMENT 15840 N 32ND ST PHOENIX, AZ 85032

DUE DATE PROJECT NAME

5/24/2024 LEIPART RES. 40414 N 69TH PL

DESCRIPTION AMOUNT

4/16/24 SET UP JOB, STAKING CALCULATIONS (OFFICE)(2.0) 220.00

4/17/24 STAKED NAOS (FIELD)(7.0) 1,225.00

Total $1,445.00

Payments/Credits $0.00

Balance Due $1,445.00 RECEIVED 05/14/2024 ROC LEGAL Received 7/11/24, 8:04 AM State of Arizona Mail - Written Answer - Case No. 2024-05580 7/10/2024 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer - Case No. 2024-05580 message

Josh Ortiz <[email redacted]> Wed, Jul 10, 2024 at 4:59 PM To: [email redacted]

Hello,

Attached is the written response for the complaint - case number 2024 - 05580 as well as additional documents showing proof of non payment for services performed by Miller and Son's. I also included screenshots of my current bank account status.

Thank you,

Josh Ortiz [email redacted] 602 - 405 - 9442

---------- Forwarded message ---------- From: Meri Gallery <[email redacted]> To: "[email redacted]" <[email redacted]> Cc: Bcc: Date: Tue, 25 Jun 2024 21:23:35 +0000 Subject: Paid Invoice from Miller & Sons Surveying Hello Josh,

Attached is the invoice reflecting the payment you made.

Please let me know if you have any questions or need anything else.

Thank you, Meri Gallery Miller & Sons Surveying

---------- Forwarded message ---------- From: Josh Ortiz <[email redacted]> To: [email redacted] Cc: Bcc: Date: Wed, 10 Apr 2024 14:40:19 -0700 Subject: Revised Action Plan Hi Iftikhar,

We truly believe we can finish everything within 2 weeks per this action plan!

Action plan

Below is a list of sub contractors with the balances due for each trade:

J Duran Electric - $4,986.20 https://mail.google.com/mail/b/AEoRXRSj09Q3Jm1AYzCUicbINj594TR8jtYMrWHMXOFnkhsRC9IY/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/5 Received 7/11/24, 8:04 AM State of Arizona Mail - Written Answer - Case No. 2024-05580 7/10/2024 ROC Legal Circuit Pro Electric - $4,950.00 ($5,000 for mounting the SES) Five Star Glazing - Store Front - $16,692.48 Leos Welding and hoods LLC - Mechanical/HOOD - $14,314.00 Underground guys - $3,500.00 Miller and Son's Surveying - $22,000.00 Fire sprinklers - $1,000.00 Roofing - Arongo Roofing - $5,800.00 (for metal coping) Plumbing: Oscar's Plumbing and Repairs LLC - $2,500.00 Total $80,000.00

Below is a list of approximate Labor needed to finish grading, concrete, Irrigation and landscaping:

Operators for grading - $15,000.00 including (3 weeks no pay) Concrete Labor - $18,250.00 Excavation for Irrigation - $4,500 Landscape - $9,000.00 Irrigation - $8,000.00

Total $51,250.00

Other items

Walk in cooler fence Labor - $1,500.00 Water meter boxes - $400.00 Water meter cages - $800.00 Trash enclosure gates - $5,000.00 Marking/Striping - $7,000.00 Auger rental - $450.00 Rebar cages for menu boards - $1,020 ADU Ramp tiles - $500.00

Total $16,670.00

Miscellaneous/Emergency

Total $15,000.00 Grand Total $162,920.00

Action Plan Based on above numbers: Proposed Action: Finish all tasks within 2 weeks

Completion time: On or before April 24th- subject to change IF funds are withheld during fund transfer/s

Request for Iftikhar: $140,000 be paid in check or credit card (granted NO pending holds on funds) - including to pay all sub contractors

Pay back terms: Lino and Sons Developments will repay you as follows:

Collateral: 12 car titles (will send titles separately) equivalent to $143,000.00

https://mail.google.com/mail/b/AEoRXRSj09Q3Jm1AYzCUicbINj594TR8jtYMrWHMXOFnkhsRC9IY/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/5 Received 7/11/24, 8:04 AM State of Arizona Mail - Written Answer - Case No. 2024-05580 7/10/2024 ROC Personal Guarantee: My brother will sign the revised action plan with me as a personal guarantee once we Legal the review final document.

With this revised action plan we believe we can finish everything going full throttle.

Let me know and I will send an invoice to request payment.

Thank you, --

Josh Ortiz [email redacted] 602 - 405 - 9442

---------- Forwarded message ---------- From: Meri Gallery <[email redacted]> To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Bcc: Date: Wed, 10 Apr 2024 18:16:01 +0000 Subject: Fw: KFC Thunderbirds Hello,

My name is Meri, I am reaching out to you because we are working on the attached project since September 2023.

I have sent many invoices and we have not received any payments. We will not be able to continue work on this project if we do not receive payment.

Please advise who I need to contact to resolve this issue.

I have attached all the invoices.

Please let me know if you have any questions or need anything else.

Thank you, Meri Gallery Miller & Sons Surveying

From: [email redacted] <[email redacted]> Sent: Wednesday, August 16, 2023 5:06 AM To: [email redacted] <[email redacted]> Subject: FW: KFC Thunderbirds

From: Josh Ortiz <[email redacted]> Sent: Tuesday, August 15, 2023 3:01 PM To: [email redacted] Subject: Re: KFC Thunderbirds

https://mail.google.com/mail/b/AEoRXRSj09Q3Jm1AYzCUicbINj594TR8jtYMrWHMXOFnkhsRC9IY/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 3/5 Received 7/11/24, 8:04 AM State of Arizona Mail - Written Answer - Case No. 2024-05580 7/10/2024 ROC Legal Hi Paul,

Here is the signed document. Please proceed with the survey.

Thank you,

On Tue, Aug 15, 2023 at 2:43 PM <[email redacted]> wrote:

Josh

Thank you

Paul

From: Josh Ortiz <[email redacted]> Sent: Tuesday, August 15, 2023 11:29 AM To: [email redacted] Subject: Fwd: KFC Thunderbirds

Here you go.

Thank you, Juan Salamanca Texas Land Engineers, Inc. 7102 W. Sam Houston Parkway N. Suite 230 Houston, TX 77040 Direct: 832-925-7128 Main: 713-955-0145

From: iftikhar ahmed <[email redacted]> Sent: Tuesday, August 15, 2023 12:34 PM To: Juan Salamanca <[email redacted]>; John Gerdes <john.gerdes@ texaslandengineers.com> Cc: [email redacted] Subject: KFC Thunderbirds

Juan and John

Can you please send us the Cad file for the civil plan including survey, site plan and grading plan. I copy Josh, they need it asap please

Thank you

-------------------------------

Iftikhar Ahmed [email redacted] 713-419-6351

https://mail.google.com/mail/b/AEoRXRSj09Q3Jm1AYzCUicbINj594TR8jtYMrWHMXOFnkhsRC9IY/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 4/5 Received 7/11/24, 8:04 AM State of Arizona Mail - Written Answer - Case No. 2024-05580 7/10/2024 ROC Legal

attachments

Miller and Sons Contract.jpeg 1021K

LINO & SONS DEV. LEIPART RES 24-046-1.pdf 66K LINO & SONS DEV. LEIPART RES 24-046-1.pdf 66K Paid Invoice from Miller & Sons Surveying.eml 103K Revised Action Plan.eml 8K Exh 1 Construction Project.pdf 709K TEXAS LAND ENGINEERS KFC 75TH 23-065-5B.pdf 60K TEXAS LAND ENGINEERS KFC 75TH 23-065-5A.pdf 59K TEXAS LAND ENGINEERS KFC 75TH 23-065-4.pdf 59K TEXAS LAND ENGINEERS KFC 75TH 23-065-3B.pdf 59K TEXAS LAND ENGINEERS KFC 75TH 23-065-3A.pdf 59K TEXAS LAND ENGINEERS KFC 75TH 23-065-2.pdf 59K TEXAS LAND ENGINEERS KFC 75TH 23-065-1.pdf 59K Fw_ KFC Thunderbirds.eml 1991K Installment Promissory Note $140,000 (1).pdf 277K Written Answer to Citation and Complaint.pdf 85K

https://mail.google.com/mail/b/AEoRXRSj09Q3Jm1AYzCUicbINj594TR8jtYMrWHMXOFnkhsRC9IY/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 5/5 Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal Received 7/10/2024 ROC Legal

INSTALLMENT PROMISSORY NOTE

$140,000.00 Date: April 11, 2024

For value received, the undersigned Lino and Son’s Development LLC , referred to as the "Borrower") residing at 13028 37th Way, Phoenix, AZ 85032 (or at such other place as the Lender may designate in writing) promise to pay to the order of Supreme Construction Services LLC (collectively referred to herein as the "Lender") residing at 9375 E Shea Blvd, Ste 100, Scottsdale AZ 85260 the sum of One Hundred Forty Thousand Dollars $140,000.00 ) with Zero percent (0%) interest from April 11, 2024, on the unpaid principal at the rate of Zero percent (0%) per annum. The funds will be advanced on or paid to Subs contractors or purchase the materials to complete t h e KFC Project located at 7685 W. Thunderbird, Peoria, AZ 85381.

Collateral: 13 car titles (will send titles separately) equivalent to $141,600.00 1. 2006 Last 4 VIN #6884 - Chevy Silverado - $6,600.00 2. 2008 Last 4 VIN #2141 - Nissan Frontier - $5,000.00 3. 1998 - Dodge Dakota Last 4 VIN #5863 - $3,000.00 4. 2008 Last 4 VIN #3140 - Ford F250 - $16,000.00 5. 2005 Last 4 VIN #0418 - Dodge Dakota - $5,000.00 6. 2007 Last 4 VIN #4345- Toyota Tundra - $11,000.00 7. 2013 Last 4 VIN #1364 - Chevy Sonic - $9,000.00 8. 2012 Last 4 VIN #9881- Toyota Tundra - $12,000.00 9. 2004 Last 4 VIN #1768 - Ford F150 - $6,000.00 10. 2004 Last 4 VIN #3251 - Chevy Silverado - $3,000.00 11. 2014 Last 4 VIN #4244 - Ford Escape - $18,000.00 12. 2014 Last 4 VIN #6434 - Jeep Sport - $12,000.00 13. 1974 Last 4 VIN # ????- Corvette Stingray - $35,000.00 Equivalent total $141,600.00

The full balance of this Note, including all accrued interest and late fees, is due and payable on June 11, 2025, hereinafter known as the "Due Date". Borrower shall pay principal and interest in the Minimum amount of Ten Thousand Dollars ($10,000.00) on A monthly basis with any remaining balance payable on the Due Date There shall be a late payment fee of $1,000.00 if an installment is not paid on time (by the due date) along with the default interest due. In the event the Borrower fails to pay the note in-full or minimum payment on the Due Date, unpaid principal shall accrue interest at the maximum rate allowed by law, until the Borrower is no longer in default. Payments shall be first credited to any late fees due, then to interest due and any remainder will be credited to principal. Borrower may pre-pay this Note without penalty. If any payment obligation under this Note is not paid when due, the remaining unpaid principal balance shall become due immediately at the option of the Lender. The Borrower reserves the right to prepay this Note by making payment in full of the then remaining unpaid principal. The borrower waives presentation for payment, notice of dishonor, protest, and notice of protest.

If this note is given to an attorney for collection, or if suit is brought for collection, or if it is collected through probate, bankruptcy, or other judicial proceeding, then Borrower shall Received 7/10/2024 ROC Legal

pay Lender all costs of collection, including reasonable attorney's fees and court costs, in addition to other amounts due. Reasonable attorney's fees shall be 30 % of all amounts due unless either party pleads otherwise. The lender is also not limited to collection as a means of satisfying this note should default occur.

The Lender is not required to rely on the above security instrument and the assets secured therein for the payment of this Note in the case of default but may proceed directly against the Borrower. If any of the following events of default occur, this Note and any other obligations of the Borrower to the Lender, shall become due immediately, without demand or notice:

1) the failure of the Borrower to pay the principal and any accrued interest in full on or before the Due Date. 2) the death of the Borrower or Lender. 3) the filing of bankruptcy proceedings involving the Borrower as a debtor. 4) the application for the appointment of a receiver for the Borrower. 5) the making of a general assignment for the benefit of the Borrower's creditors. 6) the insolvency of the Borrower. 7) a misrepresentation by the Borrower to the Lender for the purpose of obtaining or extending credit.

In addition, the Borrower shall be in default if there is a sale, transfer, assignment, or any other disposition of any assets pledged as security for the payment of this Note, or if there is a default in any security agreement which secures this Note.

If any one or more of the provisions of this Note are determined to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operative.

All payments of principal on this Note shall be paid in the legal currency of the United States. The Borrower waives presentment for payment, protest, and notice of protest and nonpayment of this Note.

No renewal or extension of this Note, delay in enforcing any right of the Lender under this Note, or assignment by Lender of this Note shall affect the liability or the obligations of the Borrower. All rights of the Lender under this Note are cumulative and may be exercised concurrently or consecutively at the Lender's option.

This Note shall be governed by and construed in accordance with the laws of the State of Arizona.

The Borrower executes this Note as a principal and not as a surety. If there is a Co-Signer, the Borrower and Co-Signer shall be jointly and severally liable and personally guaranteed under this Note.

[signatures on following page] Received 7/10/2024 ROC Legal

Lender Signature: Date:

Printed Name:

I have read, understood, and agree to all terms & conditions for this Note.

Borrower Signature: Date:

Printed Name:

State of Arizona

County of

Before me, ________________________________ on this day personally appeared ________________________________, known to me (or proved to me on the oath of _________________or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.

Given under my hand and seal of office this____________ day of_________ , (year).

(Personalized Seal) Notary Public's Signature

I have read, understood, and agree to all terms & conditions for this Note.

Co-Signer Signature: Date:

Printed Name:

State of Arizona

County of

Given under my hand and seal of office this____________ day of_________ , (year). Received 7/10/2024 ROC Legal

(Personalized Seal) Notary Public's Signature

I have read, understood, and agree to all terms & conditions for this Note.

Co-Signer Signature: Date:

Printed Name:

State of Arizona

County of

Given under my hand and seal of office this____________ day of_________ , (year).

(Personalized Seal) Notary Public's Signature Received 7/10/2024 ROC Legal

Miller & Sons Surveying INVOICE 2432 W Peoria Ave, Ste 1302 DATE INVOICE # Phoenix, AZ 85029 5/10/2024 24-046-1 623-875-1200

BILL TO

LINO & SONS DEVELOPMENT 15840 N 32ND ST PHOENIX, AZ 85032

DUE DATE PROJECT NAME

5/24/2024 LEIPART RES. 40414 N 69TH PL

DESCRIPTION AMOUNT

4/16/24 SET UP JOB, STAKING CALCULATIONS (OFFICE)(2.0) 220.00

4/17/24 STAKED NAOS (FIELD)(7.0) 1,225.00

Total $1,445.00

Payments/Credits -$1,445.00

Balance Due $0.00 Received 7/10/2024 ROC Legal

Written Answer to Citation and Complaint Case No. 2024-05580

Being part of the builder’s community in our hometown with the ROC has been a dream come true for us at Lino and Son's Developments. Like most dedicated and passionate contractors, we hold an utmost responsibility to perform with excellence and produce high quality projects for clients, investors and developers across the valley alongside subcontractors, vendors and partners in a safe environment - all while acting in good faith. I have always been a believer in doing things right. I've learned that honesty is the only way to solve any problem. Taking on the daily challenges of a general contractor has stretched me immensely in ways that have taught me authenticity, attention to detail, and consistency. I like to hold true and stand on a simple saying my father always instilled in me... we are not run aways. A license suspension or cancelation does not reflect nor represent the core values of Lino and Son's - integrity, honesty, and accountability. The mere consideration of a license cancelation is unnecessary. It does not make sense to suspend the license of a contractor who’s acted in good faith since day one of our license being issued. Being a general contractor is my passion. I eat, sleep, breath, and speak construction. Cancelling or suspending our license would lay Lino and Son’s on the ground. We’ve known that we must protect the things that help feed us – which is why I would really like to get to the bottom of all of this. I’d like to clarify some things that will help understand the solidified posture of Lino and Son’s Developments as to why our license should not be suspended or canceled. Last year, in August 14th, 2023 Lino and Son’s took on a project to build a Ground Up KFC on 75th Ave and Thunderbird, in the City of Peoria, that has resulted in a total lost. Financial loss, emotional loss, motivational loss, and caused a divide with companies like Miller and Son’s Surveying. In fact, this very case is the perfect example of what has resulted from the KFC project. Overload of stress, nonstop puddled debt, complaints, threats, pressure and loss of sleep. Lino and Son’s have been in business for over 3 years – we are in business to build dreams homes and perform high quality work, doing things the correct way the first time. No short cuts. We are not in the business to take advantage of companies nor individuals. I was hired by Iftikhar Ahmed from Supreme Construction Services LLC ROC #332665. I should’ve, would’ve, could’ve known type deal since the initial red flags. But because I was extremely excited to have landed my very first dream job it took over me! Notice in the contract provided by Supreme Construction Services, on the last page of the contract, under “payment schedule” it stated payments would be issued by task complete. I recall my initial meeting with Iftikhar and Jason Briggs (Iftikhar’s assistant) I asked them for a down payment for the project. I told them it was necessary for a project this size. They convinced me I wouldn’t need one as Received 7/10/2024 ROC Legal

tasks would go by pretty quick. They even added that one other contractor was willing to do all the work for free and get paid at the end. It’s safe to say they painted a complete facade of themselves. The very first thing needed to do on a construction site like that is getting the surveyors out on the field for construction staking. Iftikhar was on my back since the start of the project. He was pushing me to get certain things done in a timely manner. One of them being that I needed to coordinate the construction staking and find a surveyor. Back in August/September in 2023 I reached out to Miller and Son’s and I had the opportunity to speak the Paul Miller, the founder of Miller and Son’s. Paul actually sent me the bid and I signed it. When we spoke on the phone to initiate them to go out on site for the first time, I asked Paul if he wanted some sort of down payment to start. He said he didn’t need one. He said all he needs to know was that he got the job and so I said “you got the job” and he scheduled us out 2 days later. Over the course of time Lino and Son’s was in charge of building the KFC, from Aug 18th 2023 – April 6th, 2024, I was working closely with Terry, Miller and Son’s Scheduler. I called Terry with some additions as well as as-builts we needed and he would show up in a timely manner. Typically, I would call and they were on site within 24hrs. On April 10th, a few days after we were terminated from the project, Meri from Miller and Son’s reached out requesting payment from Texas Land Engineers for work that had been done. All invoices they sent out originally were sent to Texas Land Engineers. We knew we had an obligation to pay which is why I requested payment in full from Iftikhar even before Miller and Son’s reached out on April 10th, 2024 – I attached a copy of the email I sent out to him. I could smell something coming from far away. Iftikhar kept telling me the surveyors were always paid until the end, just like the mechanical guys, plumbers and electricians. He was feeling pressured. It wasn’t until May 14th I received another email from Meri from Miller and Son’s stating they were going to stop all work until payment was received in full. We were already in a mess at this point and our Attorney had taken on the case by this time. I had advised Miller and Son’s of the situation prior to the issuance of a complaint and that we had legal counsel. I also reached out to Miller and Sons to do work at another property in cave creek, and they did. They have been paid for the Leipart Residence project. I have attached emails and documents that backbones all the above-mentioned information. We are ready and willing to do whatever it takes to make things right as our goal was to establish healthy business partnerships in this project. We want to continue to be part of the building community here in the valley and would not like for something like this to take precedence over it.

Sincerely, Lino and Son’s Developments LLC Received 7/10/2024 ROC Legal

Josh Ortiz Received 7/11/24, 8:07 AM Fw: KFC Thunderbirds - [email redacted] 7/10/2024 ROC Legal

Subject: Fw: KFC Thunderbirds Meri Gallery <[email redacted]> Wed, Apr 10, 11:1 to [email redacted], [email redacted], [email redacted]

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Hello,

My name is Meri, I am reaching out to you because we are working on the attached project since September 2023.

I have sent many invoices and we have not received any payments. We will not be able to continue w on this project if we do not receive payment.

Please advise who I need to contact to resolve this issue.

I have attached all the invoices.

Please let me know if you have any questions or need anything else.

Thank you, Meri Gallery Miller & Sons Surveying

From: [email redacted] <[email redacted]> Sent: Wednesday, August 16, 2023 5:06 AM To: [email redacted] <[email redacted]> Subject: FW: KFC Thunderbirds

From: Josh Ortiz <[email redacted]> Sent: Tuesday, August 15, 2023 3:01 PM To: [email redacted] Subject: Re: KFC Thunderbirds

https://mail.google.com/mail/u/0/d/AEoRXRSj09Q3Jm1AYzCUicbINj594TR8jtYMrWHMXOFnkhsRC9IY/popout?ver=11gmgrcg2yx9b&msg=%23msg-f… 1/1 Received 7/11/24, 8:07 AM Paid Invoice from Miller & Sons Surveying - [email redacted] 7/10/2024 ROC Legal

Subject: Paid Invoice from Miller & Sons Surveying Meri Gallery <[email redacted]> Tue, Jun 25, to [email redacted]

You are viewing an attached message. State of Arizona Mail can't verify the authenticity of attached messages.

Hello Josh,

Attached is the invoice reflecting the payment you made.

Please let me know if you have any questions or need anything else.

Thank you, Meri Gallery Miller & Sons Surveying

One attachment • Scanned by Gmail

LINO & SONS DEV…

https://mail.google.com/mail/u/0/d/AEoRXRSj09Q3Jm1AYzCUicbINj594TR8jtYMrWHMXOFnkhsRC9IY/popout?ver=11gmgrcg2yx9b&msg=%23msg-f… 1/1 Received 7/11/24, 8:07 AM Revised Action Plan - [email redacted] 7/10/2024 ROC Legal

Subject: Revised Action Plan Josh Ortiz <[email redacted]> Wed, Apr 10, 2:4 to iahmedgc

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Hi Iftikhar,

We truly believe we can finish everything within 2 weeks per this action plan!

Action plan

Below is a list of sub contractors with the balances due for each trade:

J Duran Electric - $4,986.20 Circuit Pro Electric - $4,950.00 ($5,000 for mounting the SES) Five Star Glazing - Store Front - $16,692.48 Leos Welding and hoods LLC - Mechanical/HOOD - $14,314.00 Underground guys - $3,500.00 Miller and Son's Surveying - $22,000.00 Fire sprinklers - $1,000.00 Roofing - Arongo Roofing - $5,800.00 (for metal coping) Plumbing: Oscar's Plumbing and Repairs LLC - $2,500.00 Total $80,000.00

Below is a list of approximate Labor needed to finish grading, concrete, Irrigation and landscaping:

Operators for grading - $15,000.00 including (3 weeks no pay) Concrete Labor - $18,250.00 Excavation for Irrigation - $4,500 Landscape - $9,000.00 Irrigation - $8,000.00

Total $51,250.00 https://mail.google.com/mail/u/0/d/AEoRXRSj09Q3Jm1AYzCUicbINj594TR8jtYMrWHMXOFnkhsRC9IY/popout?ver=11gmgrcg2yx9b&msg=%23msg-f… 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