2024A-05605-NPC-ROC Notice of Hearing & Packet MAILED 2024-05605.pdf

2024A-05605-NPC-ROC · Registrar of Contractors · 2024-07-10

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Upright Concrete, LLC, Case No. 2024-05605

COMPLAINANT, Docket No. 2024A-05605-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Carlina Home Remodeling LLC License No. ROC 335732,

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

HEARING INFORMATION The hearing is set for:

August 22, 2024 1:00 PM 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 11, 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 9, 2024.

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

Copy mailed via USPS First Class mail July 9, 2024 to:

Respondent(s) Carlina Home Remodeling LLC 12099 E Bella Vista Cir Scottsdale, AZ 85259

Respondent's Attorney Dominica J. Minore, Esq. 9375 E Shea Blvd Ste 100 Scottsdale, AZ 85260 Complainant(s) Upright Concrete, LLC 8609 W Vogel Ave Peoria, AZ 85345 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. 2024-05605 /

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 16, 2024

Via U.S. Mail and Email

Complainant Upright Concrete, LLC 8609 W. Vogel Ave. Peoria, AZ 85345

Respondent Carlina Home Remodeling LLC 12099 E. Bella Vista Circle Scottsdale, AZ 85259

Re: Complaint No. 2024-05605

Dear Complainant and Respondent: The Registrar received a complaint filed against Carlina Home Remodeling 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 a) For written contracts, provide a copy of the original construction contract signed (by both parties) including all addenda and change orders. If the only written documents describing the contract are a proposal, bid, or invoice, please follow the instructions in b) for “if no written contract.” b) If no written contract, provide a written statement describing the agreement 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. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.); iii) A description of the work to be performed under the contract (including any addenda or change orders); iv) The names of the people who negotiated the contract; v) The agreed upon payment schedule; vi) An explanation of who was to receive payment; and vii) The date the work was to be completed. c) For complaints of non-payment between contractors, vendors, or material suppliers, provide a copy of: i) The credit applications. Redact all SSN and/or EIN information. ii) Invoices for services rendered and/or materials delivered.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Please provide ALL requested information by May 23, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted by:

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

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/Meridith Bell

Meridith Bell Legal Assistant II

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 by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 5/17/24, 11:02 AM State of Arizona Mail - Incomplete No Pay Notice 2024-05605

Legal New Mail - AZROC <[email redacted]>

Incomplete No Pay Notice 2024-05605 messages

Legal New Mail - AZROC <[email redacted]> Thu, May 16, 2024 at 1:00 PM Bcc: [email redacted], [email redacted]

Hello,

Attached please find an electronic courtesy copy of the letter issued in this case. This document was also sent to your attention via US Mail.

Thank you,

Arizona Registrar of Contractors Legal Department

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

20240516 Incomplete NPC MAILED 2024-05605.pdf 1985K

Upright Concrete LLC <[email redacted]> Fri, May 17, 2024 at 10:42 AM To: Legal New Mail - AZROC <[email redacted]>

I attached documents that are tied with this project.

Noel Sanchez / owner Upright Concrete LLC Phone: 623.419.3737 Email: [email redacted]

ROC# 341245

[Quoted text hidden]

attachments PROPOSAL-3.pdf 173K

https://mail.google.com/mail/b/AEoRXRSQcmmoLszTIBlwAckcpYrg_G4SNwNtycRD-3eCN-HT6yRc/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/2 5/17/24, 11:02 AM State of Arizona Mail - Incomplete No Pay Notice 2024-05605

WELLS FARGO BANK, NA.pdf 201K Todd From Carlina Remodeling LLC .pdf 348K issued 50 % deposit.pdf 349K ACORD®.pdf 438K Yahoo Mail - Smock Residence Proposal.pdf 196K Yahoo Mail - Re Smock Residence Proposal.pdf 200K

https://mail.google.com/mail/b/AEoRXRSQcmmoLszTIBlwAckcpYrg_G4SNwNtycRD-3eCN-HT6yRc/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 2/2 RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL May 22, 2024

Via U.S. Mail and Email

Complainant Upright Concrete, LLC 8609 W. Vogel Ave. Peoria, AZ 85345

Respondent Carlina Home Remodeling LLC 12099 E. Bella Vista Circle Scottsdale, AZ 85259

Re: Complaint No. 2024-05605

Dear Complainant and Respondent:

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

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by May 29, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

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

The Registrar will not issue a citation before May 29, 2024 and will review Respondent’s response, if one is submitted.

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

Sincerely,

/s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 5/17/24, 11:02 AM State of Arizona Mail - Incomplete No Pay Notice 2024-05605

Legal New Mail - AZROC <[email redacted]>

Incomplete No Pay Notice 2024-05605 messages

Legal New Mail - AZROC <[email redacted]> Thu, May 16, 2024 at 1:00 PM Bcc: [email redacted], [email redacted]

Hello,

Attached please find an electronic courtesy copy of the letter issued in this case. This document was also sent to your attention via US Mail.

Thank you,

Arizona Registrar of Contractors Legal Department

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

20240516 Incomplete NPC MAILED 2024-05605.pdf 1985K

Upright Concrete LLC <[email redacted]> Fri, May 17, 2024 at 10:42 AM To: Legal New Mail - AZROC <[email redacted]>

I attached documents that are tied with this project.

Noel Sanchez / owner Upright Concrete LLC Phone: 623.419.3737 Email: [email redacted]

ROC# 341245

[Quoted text hidden]

attachments PROPOSAL-3.pdf 173K

June 1 o, 2024

Via US Mail and Email

To: Arizona Registrar of Contractors Merideth Bell

Re: Complaint No. 2024-05605

Hello,

I just received the complaint dated May 22, 2024, via US mail. I did not receive any email with the complaint attached. Here is my response;

I hired Upright Concrete to pour concrete including footers and a new garage floor. I supplied them with City of Scottsdale stamped plans to work from. The plans clearly state that work to be performed according to Scottsdale building codes. Scottsdale Building code calls for garage floors to be poured with a slope so water drains away from the house. As a licensed concrete contractor Upright should have know this.

Upright Concrete poured the garage floor flat, without slope. In fact it pooled in the center and drained back into the house at the back portion of the floor. Upright concrete claims the plans did not address slope, so they poured flat. I called the Scottsdale plan reviewer, she said she did not call out the om mission of a slope because very few plans show a slope on the garage floor. She further stated that concrete companies should know to pour with slope. I also reached out to other concrete companies and all of them told me they know to pour with slope in Scottsdale.

I reached out to Upright concrete and told him the problem. He told me he always pours garages flat and there is nothing to fix. So I found another Concrete contractor (Precision Concrete Repair ROC#328466 CR-9). They determined the garage floor was defective and gave me a letter describing the problem (attached). I hired them to correct the problem. The cost for this was $10,826.40, which I have paid in full.

During framing, we found out that Upright Concrete did not pour the garage pad square. The northwest corner is 101/2" shorter than the southwest corner. We had to pour new footers along the entire west side to make square. I attached photos of the new work along with a letter from my Foreman describing the issue. I hired Precision Concrete Repair to pour the new footers. This cost me $4,900.

The total for these two repairs was $15,726.40. I subtracted this amount from the $20,000 final invoice from Upright Concrete and issued them a check on 5/23/2024 in the amount of $4,273.60. In my calculations I did not charge Upright for additional costs I incurred with my Foreman and Project manager trying to come up with a solution. LEGAL RECEIVED 06/10/2024

I have enclosed all the invoices, checks, letters and photos to support my claim.

Carlina Home Remodling, LLC 9375 E Shea Blvd Scottsdale, AZ 85259 ROC#335732 LEGAL RECEIVED 06/10/2024

05/23/2024

To: Upright Concrete 8609 W Vogel Ave Peoria, AZ 85345

Re: Smock Residence 8111 E Vista Bonita Dr. Scottsdale, AZ 85255

Hello,

This letter is in regards to a concrete pour you did at the above referenced property.

As we have discussed in several previous discussions, you poured the garage without a slope, as required by Scottsdale City code. When we hired a company to correct the problem, they determined there was actually a slope going down into the house. The company that corrected the problem submitted an explanation describing this. I have attached their email. I have also attached their invoices that I paid for the correction.

Once we began the framing, we found another mistake you made on the garage pad pour. The northwest corner is 1O ½" shorter than the southwest corner. We had to pour new footers along the entire west side of the pad to make it square. Also, on the new living area the pad pour is 5" out of square, which will need to be corrected. I have attached an email from my Construction Foreman describing these mistakes, and pictures showing the new footers we had to pour. I have also attached the paid invoice from the company we hired to make these corrections.

These two invoices total $15,726.40. I am subtracting this amount from your invoice #35, dated 4/8/2024. I have enclosed a check in the amount of $4,273.60 for final payment on this invoice.

Carlina Home Remodeling, LLC ROC#335732 LEGAL RECEIVED 06/10/2024

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INVOICE BILL TO: Carlina Home Remodeling Upright Concrete,LLC (623) 419-3737 Date: 4/8/2024 uprjghtconcrete@yahoo com Project Title: Smock Residence

8609 W. Vogel Ave Address: 8111 E. Vista Bonita Dr. Peoria.AZ 85345 Scottsdale, Az. 85255 AOC# 341245 INVOICE#35

Job Status: Completed

Digging, rebar installation, grading, setting forms and pouring concrete

Pump tees included

Subtotal $40,000

Deposit received 1/24/2024 $20,000 Deposit $20,000.00

Total ; $20,000

�::: ::: : must be made within the applicable time period as set forth in section 32-nSS, subsection A. Arizona R�d,'s (602)542-15;/ S, /d �, C/0 50% 1s required when signing contract the remaining 50% when project ,s completed. .

A� 'ttR ;r/r / Thank you for your business. It's a pleasure to work with you on your project.

Sincerely, flc.t/lC€ c� � Lf;d-7.J. t;,v Upright Concrete LLC

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CCarl Strunk

From: Zaq Salas <[email redacted] > Sent: Wednesday, May 22, 2024 7:05 AM To: (Carl Strunk Cc: Lorenzo Mier Subject: Vista Bonita Garage Floor

Follow Up Flag: Follow up Flag Status: Flagged

Good Morning Carl,

Sorry for the delay.

Regarding the garage floor at Vista Bonita, our team had to take down the concrete floor by a total of 1 3/4" to provide the correction needed to meet the appropriate slope.

Prior to our work, the slope was going down into the house instead of going out as it normally should.

Thanks!

Get Outlook foriOS LEGAL RECEIVED 06/10/2024

PCR- Precision Concrete Repair ROC 328466 CR-9 8810 S 213th Drive Buckeye, AZ 85326 US office@precision-<:oncreterepair.com

Estimate ADDRESS ESTIMATE 1018 C Carl DATE 04/10/2024 Carlina Home Remodeling 9375 E Shea Blvd Suite #271 Scottsdale, AZ 85260

PROJECT NAME 9oth St & Pinnacle Peak Rd

ACTIVITY DESCRIPTION AMOUNT

Hours Scope of Work: 10,400.00 - Scarifying and filling of concrete for garage floor to provide appropriate slope. - Total of 858 SQ FT

Total Hours To Be Worked: - 4 Laborers for 5 Days

Includes The Use Of: - Heavy Duty Floor Grinders - Filters - Chipping Bits -Ardex Feather Finish -Ardex CP - Grinding vvtleels - Scarifier COF77 4.1 % Company Operational Fee will be added to all final estimates or invoice totals, 426.40 whichever applies

TOTAL $10,826.40

Page 1 or 1 LEGAL RECEIVED 06/10/2024

PCR - Precision Concrete Repair ROC 328466 CR-9 6610 S 213th Drive Buckeye, AZ 85326 US [email redacted]

INVOICE BILL TO INVOICE 1022 C Carl DATE 04/24/2024 Carlina Home Remodeling 9375 E Shea Blvd Sutte #271 Scottsdale.AZ 85260

PROJECT NAME 9oth St & Pinnacle Peak Rd Progress Payment (2 of 2)

ACTIVITY DESCRIPTION QTY RATE AMOUNT

Hours Scope of Work: 0.50 10.400.00 5,200.00 - Scarifying and filling of concrete for garage floor to provide appropriate slope. - Total of 858 SQ FT

Total Hours To Be Worked: - 4 Laborers for 5 Days

Includes The Use Of: - Heavy Duty Floor Grinders - Filters - Chipping Bits -Ardex Feather Finish -Ardex CP - Grinding Wheels - Scarifier COF77 4.1% Company Operational Fee will be added to all final 0.50 426.40 213.20 estimates or invoice totals, whichever applies

BALANCE DUE $5,413.20 LEGAL RECEIVED 06/10/2024

CCarl Strunk

From: Todd Elkin Sent: Thursday, May 23, 2024 2:47 PM To: CCarl Strunk Subject: Vista Bonita concrete mistakes Attachments: 1000007921Jpg; 1000007920Jpg

Good afternoon,

On the concrete at Vista Bonita the new 3 car garage pad was not poured square. The northwest corner is 10 1/2" shorter than the southwest corner. We will need to pour new footers along the entire west side of the pad to make it square. This will incur a cost of $4,900 to tie into the current pad. Picture of new footing attached.

The concrete pad behind the three car garage referenced as the "Game Room" is also out of square and needed the southwest corner to be cut back 4" to match the northwest corner.

Also, on the new Living Area pad the pour is 5" out of square. The northeast side is over the line with the southeast side. This will need to be cut down to make square. Thank you,

Todd

Carlina Home Remodeling, LLC 510-325-8482 ROC #335732 https://www.carlinahomeremodeling.com https://www. face book. com/Carlina Remodeling/ Licensed. Bonded. Insured.

LEGAL RECEIVED 06/10/2024

PCR - Precision Concrete Repair ROC 328466 CR-9 8810 S 213th Drive Buckeye, AZ 85326 US office@precision-<::oncreterepair.com

INVOICE BILL TO INVOICE 1038 Chase H erzog DATE 05/21/2024 Carlina Home Remodeling 9375 E Shea Blvd Sutte #271 Scottsda�.AZ 85260

PROJECT NAME Vista Bontta Floor

ACTIVITY DESCRIPTION QTY RATE AMOUNT

Labor Scope of Work: 4,900.00 4,900.00 - Insert rebar dowels every 4" to the existing garage floor - Cut areas of concrete on floor to meet the correct flooring requirements - Use of 5,000 PSI Concrete to form floor and pony wall

Agreed Upon Price: $4,900.00

Scope of work listed above is to be done due to the current concrete floor being out of compliance by being off square.

BALANCE DUE $4,900.00

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6/10/24, 4:47 PM State of Arizona Mail - complaint no. 2024-05605 LEGAL RECEIVED 06/10/2024

Legal New Mail - AZROC <[email redacted]>

complaint no. 2024-05605 message

CCarl Strunk <[email redacted]> Mon, Jun 10, 2024 at 12:31 PM To: "[email redacted]" <[email redacted]>

To: Meridith Bell

Re: Complaint No. 2024-05605

Response

Hello,

Attached is my response and supporting documentation.

Please note-I received this via US just last Friday. I did not receive any notification via email. I checked my contact information with the ROC and it is correct.

Please confirm receipt. Thank you.

Carl Strunk

CEO

Carlina Home Remodeling, LLC

480-432-1312

ROC#335732

https://www.carlinahomeremodeling.com

https://www.facebook.com/CarlinaRemodeling/

Licensed Bonded Insured

This email and attachments (if any) is intended only for the addressee(s) and is subject to copyright. This email contains information which is confidential or privileged. If you are not the intended recipient please advise the sender by return email, do not use or disclose the contents and attachements from your system. Unless specifically stated, this email does not constitute formal advice or commitment by the sender. Any financial information enclosed in this email or attachments should be considered estimates only and is not guaranteed.

ROC complaint response.pdf 1919K

https://mail.google.com/mail/b/AEoRXRRLi4JL-fvKEc0tKlO7WhrXMf6-MtZ9RdCNXiHCbZ03YWzI/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Upright Concrete, LLC, Case No. 2024-05605 COMPLAINANT, v. Carlina Home Remodeling LLC, CITATION License No. ROC 335732, RESPONDENT.

The Registrar issues this Citation to Carlina Home Remodeling LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 26, 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, Upright Concrete, 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 operations as a contractor unless the licensee proves that the licensee

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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 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. 2024-05605. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than June 26, 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Respondent’s 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).

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S 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 11, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 11, 2024 to: Respondent Certified Mail No: [number redacted] Carlina Home Remodeling LLC 12099 E. Bella Vista Circle Scottsdale, AZ 85259 Copy mailed by USPS First Class mail this same date to: Respondent Carlina Home Remodeling LLC

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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 12099 E. Bella Vista Circle Scottsdale, AZ 85259

Complainant Upright Concrete, LLC 8609 W. Vogel Ave. PEORIA, AZ 85345

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. 2024-05605 /

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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 May 22, 2024

Via U.S. Mail and Email

Complainant Upright Concrete, LLC 8609 W. Vogel Ave. Peoria, AZ 85345

Respondent Carlina Home Remodeling LLC 12099 E. Bella Vista Circle Scottsdale, AZ 85259

Re: Complaint No. 2024-05605

Dear Complainant and Respondent:

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

The Registrar will not issue a citation before May 29, 2024 and will review Respondent’s response, if one is submitted.

Sincerely,

/s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 Received by Investigations 05/14/2024 2024-05605 5/17/24, 11 02 AM State of Arizona Mail Incomplete No Pay Notice 2024 05605

Legal New Mail - AZROC <[email redacted]>

Incomplete No Pay Notice 2024-05605 messages

Legal New Mail - AZROC <[email redacted]> Thu, May 16, 2024 at 1:00 PM Bcc: [email redacted], [email redacted]

Hello,

Attached please find an electronic courtesy copy of the letter issued in this case. This document was also sent to your attention via US Mail.

Thank you,

Arizona Registrar of Contractors Legal Department

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

20240516 Incomplete NPC MAILED 2024-05605.pdf 1985K

Upright Concrete LLC <[email redacted]> Fri, May 17, 2024 at 10:42 AM To: Legal New Mail - AZROC <[email redacted]>

I attached documents that are tied with this project.

Noel Sanchez / owner Upright Concrete LLC Phone: 623.419.3737 Email: [email redacted]

ROC# 341245

[Quoted text hidden]

attachments PROPOSAL-3.pdf 173K

https //mail google com/mail/b/AEoRXRSQcmmoLszTIBlwAckcpYrg G4SNwNtycRD 3eCN HT6yRc/u/0/?ik d3afebeda9&view pt&search all&permt 1/2 5/17/24, 11 02 AM State of Arizona Mail Incomplete No Pay Notice 2024 05605

https //mail google com/mail/b/AEoRXRSQcmmoLszTIBlwAckcpYrg G4SNwNtycRD 3eCN HT6yRc/u/0/?ik d3afebeda9&view pt&search all&permt 2/2 RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL RECEIVED 20240517 LEGAL LEGAL RECEIVED 06/10/2024

June 1 o, 2024

Via US Mail and Email

To: Arizona Registrar of Contractors Merideth Bell

Re: Complaint No. 2024-05605

Hello,

I just received the complaint dated May 22, 2024, via US mail. I did not receive any email with the complaint attached. Here is my response;

CCarl Strunk

From: Zaq Salas <[email redacted] > Sent: Wednesday, May 22, 2024 7:05 AM To: (Carl Strunk Cc: Lorenzo Mier Subject: Vista Bonita Garage Floor

Follow Up Flag: Follow up Flag Status: Flagged

Good Morning Carl,

Sorry for the delay.

Regarding the garage floor at Vista Bonita, our team had to take down the concrete floor by a total of 1 3/4" to provide the correction needed to meet the appropriate slope.

Prior to our work, the slope was going down into the house instead of going out as it normally should.

Thanks!

Get Outlook foriOS LEGAL RECEIVED 06/10/2024

CCarl Strunk

From: Todd Elkin Sent: Thursday, May 23, 2024 2:47 PM To: CCarl Strunk Subject: Vista Bonita concrete mistakes Attachments: 1000007921Jpg; 1000007920Jpg

Good afternoon,

The concrete pad behind the three car garage referenced as the "Game Room" is also out of square and needed the southwest corner to be cut back 4" to match the northwest corner.

Also, on the new Living Area pad the pour is 5" out of square. The northeast side is over the line with the southeast side. This will need to be cut down to make square. Thank you,

Todd

Carlina Home Remodeling, LLC 510-325-8482 ROC #335732 https://www.carlinahomeremodeling.com https://www. face book. com/Carlina Remodeling/ Licensed. Bonded. Insured.

6/10/24, 4 47 PM State of Arizona Mail complaint no 2024 05605 LEGAL RECEIVED 06/10/2024

Legal New Mail - AZROC <[email redacted]>

complaint no. 2024-05605 message

CCarl Strunk <[email redacted]> Mon, Jun 10, 2024 at 12:31 PM To: "[email redacted]" <[email redacted]>

To: Meridith Bell

Re: Complaint No. 2024-05605

Response

Hello,

Attached is my response and supporting documentation.

Please note-I received this via US just last Friday. I did not receive any notification via email. I checked my contact information with the ROC and it is correct.

Please confirm receipt. Thank you.

Carl Strunk

CEO

Carlina Home Remodeling, LLC

480-432-1312

ROC#335732

https://www.carlinahomeremodeling.com

https://www.facebook.com/CarlinaRemodeling/

Licensed Bonded Insured

ROC complaint response.pdf 1919K

https //mail google com/mail/b/AEoRXRRLi4JL fvKEc0tKlO7WhrXMf6 MtZ9RdCNXiHCbZ03YWzI/u/0/?ik d3afebeda9&view pt&search all&permthid 1/1 Received 6/20/2024 ROC Legal

Dominica J. Minore, #019671 THE LAW OFFICE OF DOMINICA J. MINORE, P.C. 9375 E. Shea Blvd., Suite 100 Scottsdale, Arizona 85260 Tel: (480) 214-9727 E-mail: [email redacted] Attorney for Respondent Carlina Home Remodeling LLC

REGISTRAR OF CONTRACTORS

THE STATE OF ARIZONA

Upright Concrete, LLC, Case No. 2024-05605 Complainant, WRITTEN ANSWER TO v. CITATION AND COMPLAINT

Carlina Home Remodeling LLC, License No. ROC 335732, Respondent.

Respondent Carlina Home Remodeling LLC (“Carlina”) hereby responds to the Citation and Complaint issued by the Registrar of Contractors (“ROC”) based on the No- Pay Complaint filed by Complainant Upright Concrete, LLC (“Upright”). 1. DENIAL OF CHARGES AND ALLEGATIONS Carlina denies all charges and allegations of the Citation and Complaint in their entirety. Carlina did not fail to pay Upright monies “when due” under A.R.S. § 32- 1154(A)(10). Upright has been in breach of its duty to perform proper and conforming workmanship by, among things, its failure to perform its work pursuant to applicable

Received 6/20/2024 ROC Legal

workmanship and industry standards including the City of Scottsdale’s Building Code and its failure to correct such defective work upon notice. Carlina has remitted final payment for the amount due to Upright of $4,273.60 which Upright has accepted. That amount is a reduction of the $20,000 claimed by Upright after application of the total costs incurred by Carlina of $15,726.40 to correct

Upright’s work after Upright refused to do so (the “Back Charge”). A true and correct

copy of the Back Charge letter with the enclosed check for final payment is attached as

Exhibit 1. Carlina had no choice but correct Upright’s work in order to comply with

Scottsdale’s Building Code, so as to pass inspection and otherwise satisfy Carlina’s

contract with the homeowner.

Carlina hereby incorporates by this reference as though fully set forth herein its

Response to the Complaint on which the Citation is based including all attachments to

the Response filed on June 10, 2024. Carlina summarizes the two main issues underlying

it satisfaction of final payment and the Back Charge to substantiate this Answer. A. Code Failure Upright was hired to pour a new garage floor with footers for the Smock Residence project for a total $40,000 (50% to be paid up front and 50% to be paid upon completion). A true and correct copy of Upright Invoice #35 is attached as Exhibit 2. The plans governing Upright’s work stated that all work must conform to the City of Scottsdale’s Building Code (which here is The International Residential Code for One- and Two- Family Dwellings, adopted by the City in Scottsdale Revised Code Section 31-31(2)). From an industry standard, a concrete contractor performing work in Scottsdale should know that any concrete work to pour a new garage floor must comply with the City’s Code by sloping the floor away from the interior of the residential structure and otherwise should know that doing so is proper workmanship. Carlina determined that Upright’s concrete work did not conform to the Code

Received 6/20/2024 ROC Legal

requirement or the industry standard, in that the garage floor sloped toward the interior of the structure and that certain areas of the garage floor were not level. Carlina advised Upright. Upright refuted the Code requirement and any such workmanship standard, and thus failed and refused to correct its work. Ultimately, Upright demanded full payment of the balance of its invoice, refuted

the workmanship requirements and its failure to conform to them, and did not correct its

work. Carlina was forced to pay a replacement contractor, Precision Concrete Repair, in

the amount of $10,826.40 to bring the garage floor to Code. True and correct copies of

the email from Precision Concrete’s Zaq Sala describing the corrective work and

Precision’s invoices are attached as Exhibit 3.

B. Defective Footers

Upon beginning the framing for the structure, Carlina discovered that the

footers dug by Upright were not square. This defect existed despite the fact that Carlina

had staked the areas. Carlina was forced to engage its replacement contractor, Precision, to correct the footings for a total cost of $4,900. A true and correct email describing the defect from Carlina’s project manager, Todd Elkin, and the invoice from Precision that Carlina paid to correct the footings are attached as Exhibit 4. Carlina also attaches true and correct copies of the photographs it took contemporaneously with its inspection of the foregoing defective work as Exhibit 5. 2. REQUEST FOR INFORMAL SETTLEMENT CONFERENCE Carlina requests a settlement conference in accordance with A.R.S. § 41-1092.06. RELIEF REQUESTED For the reasons set forth above, Respondent Carlina denies the Citation and Complaint in its entirety, and requests that this matter be dismissed due to (1) Carlina’s final payment to Upright for the full amount due on the subject project, which Upright has accepted; and (2) the damages that Carlina has incurred as a direct and proximate

Received 6/20/2024 ROC Legal

result of the costs it has incurred to correct Upright’s defective workmanship.

RESPECTFULLY SUBMITTED this 20th day of June, 2024. THE LAW OFFICES OF DOMINICA J. MINORE, P.C.

By: /s/ Dominica J. Minore Dominica J. Minore Attorney for Respondent

The FOREGOING Electronically Filed with the Arizona Registrar of Contractors this 20th day of June, 2024 by email to: [email redacted] With a Copy to Complainant via by email to: Upright Concrete, LLC [email redacted]

/s/ Dominica J. Minore

Received 6/20/2024 ROC Legal

EXHIBIT 1 Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal

EXHIBIT 2 Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal

EXHIBIT 3 Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal

EXHIBIT 4 Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal

EXHIBIT 5 Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal Received 6/20/2024 ROC Legal Received 6/20/24, 8:42 AM State of Arizona Mail - ROC Case No. 2024-05605 - Upright Concrete v. Carlina Home Remodeling 6/20/2024 ROC Legal

Answers - AZROC <[email redacted]>

ROC Case No. 2024-05605 - Upright Concrete v. Carlina Home Remodeling message

Dominica Minore <[email redacted]> Thu, Jun 20, 2024 at 8:29 AM To: "[email redacted]" <[email redacted]> Cc: CCarl Strunk <[email redacted]>, Angelica Guillen <[email redacted]>

Registrar: Attached please find for filing Respondent Carlina Home Remodeling LLC’s Written Answer to the Citation and Complaint in the above-referenced matter. If you require anything further, please advise.

Thank you, Dominica Minore Attorney for Respondent

Dominica Minore Principal Attorney

Phone: (480) 214-9727

Fax: (480) 304-4853

[email redacted]

9375 E. Shea Blvd., Suite 100

Scottsdale, AZ 85260

This communication is intended only for the individual or entity to whom it is directed. It may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. Dissemination, distribution, or copying of this communication by anyone other than the intended recipient, or a duly designated employee or agent of such recipient, is prohibited. If you have received this communication in error, please notify us immediately by telephone at (480) 214-9727, or via e-mail, and delete this message and all attachments thereto.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that, to the extent this communication (or any attachment) addresses any tax matter, it was not written to be (and may not be) relied upon to (i)

https://mail.google.com/mail/b/AEoRXRRvDBQMzzEewLCaHqIBI_dHXjGsfAlF6xCijCrB3WqxSUPy/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 Received 6/20/24, 8:42 AM State of Arizona Mail - ROC Case No. 2024-05605 - Upright Concrete v. Carlina Home Remodeling 6/20/2024 avoid tax-related penalties under the Internal Revenue Code, or (ii) promote, market or recommend to another party ROC anyLegal transaction or matter addressed herein (or in any such attachment).

Answer 6 20 2024 - Filed.pdf 27990K

https://mail.google.com/mail/b/AEoRXRRvDBQMzzEewLCaHqIBI_dHXjGsfAlF6xCijCrB3WqxSUPy/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 6/20/24, 1:54 PM State of Arizona Mail - ROC Case No. 2024-05605 - Upright Concrete v. Carlina Home Remodeling

Answers - AZROC <[email redacted]>

ROC Case No. 2024-05605 - Upright Concrete v. Carlina Home Remodeling Angelica Guillen <[email redacted]> Thu, Jun 20, 2024 at 10:15 AM To: Dominica Minore <[email redacted]>, "[email redacted]" <[email redacted]> Cc: CCarl Strunk <[email redacted]>

Registrar:

Attached is an email sent to Carl,owner. Upright Concrete offered to fix the issue and was denied by Carlina Home Remodeling we stated that we poured concrete following the plans and in the plans it did not show a slope . We never refused to fix anything. The footer situation was never brought to my attention untill we received this last check with the letter of explanation. We would definitely have fixed this situation if Carl had allowed us to.

https://mail.google.com/mail/b/AEoRXRRvDBQMzzEewLCaHqIBI_dHXjGsfAlF6xCijCrB3WqxSUPy/u/0/?ik=581c53cf5c&view=pt&search=all&permms… 1/3 6/20/24, 1:54 PM State of Arizona Mail - ROC Case No. 2024-05605 - Upright Concrete v. Carlina Home Remodeling

https://mail.google.com/mail/b/AEoRXRRvDBQMzzEewLCaHqIBI_dHXjGsfAlF6xCijCrB3WqxSUPy/u/0/?ik=581c53cf5c&view=pt&search=all&permms… 2/3 6/20/24, 1:54 PM State of Arizona Mail - ROC Case No. 2024-05605 - Upright Concrete v. Carlina Home Remodeling

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRRvDBQMzzEewLCaHqIBI_dHXjGsfAlF6xCijCrB3WqxSUPy/u/0/?ik=581c53cf5c&view=pt&search=all&permms… 3/3 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