2024A-05666-CHC-ROC Notice of Hearing & Packet MAILED 2024-05666.pdf

2024A-05666-CHC-ROC · Registrar of Contractors · 2024-08-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mahesh Tanniru , Case No. 2024-05666

COMPLAINANT, Docket No. 2024A-05666-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE C&J Renovations LLC DBA: HDK Landscape & Design License No. ROC 324811,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

September 26, 2024 1:00 PM Tammy Eigenheer 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 July 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)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated August 5, 2024.

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

Copy mailed via USPS First Class mail August 5, 2024 to:

Respondent(s) C&J Renovations LLC DBA: HDK Landscape & Design 1562 E Shannon St Chandler, AZ 85225 Complainant(s) Mahesh Tanniru 1434 E Jude Ln Gilbert, AZ 85298

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. 2024-05666 /

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

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

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

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

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

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

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

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

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

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

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

Complainant: Mahesh Tanniru 1434 E Jude Ln Gilbert, AZ 85298

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: C&J Renovations LLC DBA: HDK Landscape & Design 1562 E Shannon St Chandler, AZ 85225

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 June 17, 2024

Re: Complaint No. 2024-05666

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Monday, June 24, 2024 at 11:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: File Respondent Complainant

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Case No.: 2024-05666 Investigator: Doug Barrett Inspection Date: Monday, June 24, 2024 Inspection Time: 11:00 AM

Jobsite Address: 1434 E Jude Ln GILBERT, AZ 85298

Complainant: Mahesh Tanniru Respondent: C&J Renovations Not Present: LLC Not Present:

Jobsite General Notes: Both parties were present, including James Kahn from the Respondent. I discussed expectations versus minimum workmanship standards with the parties, including the fact that construction inherently by nature is not perfect.

Complaint Item: 1 - Partially done Front yard and backyard. Investigator’s Observation: Verified. I observed the front and back yards where some work had been started but not completed. Rough block work was observed in the front and back with the stack stone and caps not completed. The pavers in the front and back were not completed. The turf was not completed. The fire pit and adjacent wall was not completed. The planter boxes were not completed. The water feature was not completed. The front steps were not completed. Contractor should complete the project per the contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

Complaint #2024-05666 P 1 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 2 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 3 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 4 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 5 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 6 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 7 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 8 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 9 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 10 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 11 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 12 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 13 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 14 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 15 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 16 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 17 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 18 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 19 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 20 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 21 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 22 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 23 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 24 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 25 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 26 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 27 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 28 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 29 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 30 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 31 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 32 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 33 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 34 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 35 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 36 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 37 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 38 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 39 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 40 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 41 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complaint #2024-05666 P 42 JSI date 06/24/2024 at 11:00AM JSI PHOTOS Complainant: Mahesh Tanniru 1434 E Jude Ln Gilbert, AZ 85298

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: C&J Renovations LLC DBA: HDK Landscape & Design 1562 E Shannon St Chandler, AZ 85225

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 24, 2024

License No. ROC 324811

Re:Complaint No. 2024-05666

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Wednesday, July 17, 2024.

RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Complaint Item: 1 - Partially done Front yard and backyard. Investigator’s Observation: Verified. I observed the front and back yards where some work had been started but not completed. Rough block work was observed in the front and back with the stack stone and caps not completed. The pavers in the front and back were not completed. The turf was not completed. The fire pit and adjacent wall was not completed. The planter boxes were not completed. The water feature was not complete. The front steps were not completed. Contractor should complete the project per the contract by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 2 - Plants are dying due to lack of appropriate water. Investigator’s Observation: Verified. I observed various dead plants in the back planter box. Contractor should replace affected plants if they are within the warranty period. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

N/A

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

Sincerely,

Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

Mahesh Tanniru, Case No. 2024-05666 COMPLAINANT, v. C&J Renovations LLC CITATION DBA: HDK Landscape & Design License No. ROC 324811,

RESPONDENT.

The Registrar issues this Citation to C&J Renovations LLC DBA: HDK Landscape &

Design (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation

by August 9, 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 June 5, 2024, Mahesh Tanniru (“Complainant”) filed a written complaint with the

Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-05666. 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]

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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 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 August 9, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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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 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(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. //

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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 Dated July 25, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 25, 2024 to:

Respondent Certified Mail No: [number redacted]

C&J Renovations LLC DBA: HDK Landscape & Design 1562 E Shannon St Chandler, AZ 85225

Copy mailed by USPS First Class mail this same date to: Respondent C&J Renovations LLC DBA: HDK Landscape & Design 1562 E Shannon St Chandler, AZ 85225

Complainant Mahesh Tanniru 1434 E Jude Ln Gilbert, AZ 85298 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. 2024-05666

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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 7/17/24, 9:59 AM State of Arizona Mail - Re: Case #2024-05666

Doug Barrett <[email redacted]>

Re: Case #2024-05666 messages

Mahesh Tanniru <[email redacted]> Tue, Jul 2, 2024 at 11:47 AM To: "doug.barrett" <[email redacted]>

Hi Doug,

After you sent the notification to the contractor to complete the job by Jul 17, I haven't seen him yet to start doing the work.

Lately I have the irrigation system causing several leaks and bursts causing a lot of water over flow into neighbors yard that caused a HOA escalation. Attached are some pictures from yesterday. I tried to fix it myself but was not completely successful as I see water leak today aswell. The only thing I could do is to shut off water to the plants completely which is going to be quite harmful for their survival. Is it ok if I hire someone to fix the irrigation or I have to wait for the contractor only to come and fix it until iJul 17 ?

Thanks, Mahesh

On Mon, Jun 17, 2024 at 12:27 PM doug.barrett <[email redacted]> wrote: Good Afternoon,

I will get the inspection scheduled and send you a jobsite inspection notice separately.

Regards, Doug Barrett Investigator #222 Arizona Registrar of Contractors 1700 West Washington St., Ste 105 Phoenix, AZ 85007 Phone: (602)771-6775 E-mail: [email redacted]

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

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

On Mon, Jun 17, 2024 at 9:14 AM Mahesh Tanniru <[email redacted]> wrote: Hi Doug,

Sure. I am available on June 24 at 11 AM for Inspection.

Thanks,

https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 1/7 7/17/24, 9:59 AM State of Arizona Mail - Re: Case #2024-05666 Mahesh

On Mon, Jun 17, 2024 at 8:00 AM Doug Barrett <[email redacted]> wrote: Good Morning Mahesh,

Thank you for the list of items. Are you available on June 24, 2024 at 11:00 AM for a jobsite inspection?

Regards, Doug Barrett Investigator #222 Arizona Registrar of Contractors 1700 West Washington St., Ste 105 Phoenix, AZ 85007 Phone: (602)771-6775 E-mail: [email redacted]

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

On Tue, Jun 11, 2024 at 2:43 PM Mahesh Tanniru <[email redacted]> wrote: Hi Doug, I apologize for the delay in response.

Currently, The job is abandoned mid way through the process. The specific items that are yet to be completed are

1) Completion of Stackstone Retaining walls in backyard. 2) Levelling of the ground and completion with Turf 3) Completion of Frontyard Garden (Stackstone on the walls, plants in the retaining feature, plants between houses) 4) Extension of driveway 5) Completion Irrigation system to the plants in backyard (some plants are already dead due to lack of water supply) 6) Completion of Water fountain 7) Completion of Lighting to the retaining walls, water fountain 8) Building of staircase to enter the house 9) Completion of installation of Travertine in the front yard and backyard patio/ bacyard island for Gazeebo 10) Installation of Gazeebo in Backyard 11) Installation of Electric outlets 12) Completion of the Firepit on the Island in backyard (need Stack stone installation and the fireplace box 13) Installation of water fountain base 14) Stack stone building on the Garden boxes on the east sideyard 15) Installation of Rock around the house 16) Levelling and installation of Turf on eastside Side yard 17) Painting the inside of the retaining walls 18) Cleaning the walls of the house that occured due to the splash from the work 19) Installation of Irrigation box and electrical outles

https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 2/7 7/17/24, 9:59 AM State of Arizona Mail - Re: Case #2024-05666 I will be able to walk thru the items with the investigator at the home. The contractor has completely abandoned (dont respond to Phone or texts) for the past 2 weeks and was barely working for the past 2 monhts. Pls let me know if I need to provide more detail or any other questions.

We appreciate the timely response as we are having significant issues inside the house due to half completed job and also getting notices from the community for the prolonged delays.

Thanks for your time and we appreciate the help.

Mahesh

On Tue, Jun 11, 2024 at 1:26 PM Doug Barrett <[email redacted]> wrote: Good Afternoon,

I am following up to see if you are able to provide an itemized list of complaint items you would like inspected?

Regards, Doug Barrett Investigator #222 Arizona Registrar of Contractors 1700 West Washington St., Ste 105 Phoenix, AZ 85007 Phone: (602)771-6775 E-mail: [email redacted]

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

On Fri, Jun 7, 2024 at 10:19 AM Doug Barrett <[email redacted]> wrote: Good Morning Mahesh,

I have been assigned your complaint. Can you please provide an itemized list of outstanding workmanship issues you would like inspected? Once received we may schedule a jobsite inspection.

Regards, Doug Barrett Investigator #222 Arizona Registrar of Contractors 1700 West Washington St., Ste 105 Phoenix, AZ 85007 Phone: (602)771-6775 E-mail: [email redacted]

https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 3/7 7/17/24, 9:59 AM State of Arizona Mail - Re: Case #2024-05666 Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

attachments

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WhatsApp Image 2024-07-02 at 11.41.06 AM (3).jpeg 573K

Doug Barrett <[email redacted]> Wed, Jul 3, 2024 at 11:54 AM To: Mahesh Tanniru <[email redacted]>

Good Afternoon,

https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 4/7 7/17/24, 9:59 AM State of Arizona Mail - Re: Case #2024-05666 In order for that item to be included in future proceedings, you will have to allow the contractor an opportunity to correct it. If you have the irrigation fixed by others it will be removed from the written directive.

Regards, Doug Barrett Investigator #222 Arizona Registrar of Contractors 1700 West Washington St., Ste 105 Phoenix, AZ 85007 Phone: (602)771-6775 E-mail: [email redacted]

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

[Quoted text hidden]

Mahesh Tanniru <[email redacted]> Tue, Jul 16, 2024 at 8:32 AM To: Doug Barrett <[email redacted]>

Good morning Doug,

Tomorrow is the deadline as per our earlier communication for the contractor to complete the job. Do we need to meet tomorrow to discuss what needs to be done next.

Thanks, Mahesh

[Quoted text hidden]

Doug Barrett <[email redacted]> Tue, Jul 16, 2024 at 12:25 PM To: Mahesh Tanniru <[email redacted]>

Good Afternoon,

Has any work been completed per the written directive? Are you available on 7/24/24 at 8:30 AM for a compliance inspection?

Regards, Doug Barrett Investigator #222 Arizona Registrar of Contractors 1700 West Washington St., Ste 105 Phoenix, AZ 85007 https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 5/7 7/17/24, 9:59 AM State of Arizona Mail - Re: Case #2024-05666

Phone: (602)771-6775 E-mail: [email redacted]

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

[Quoted text hidden]

Mahesh Tanniru <[email redacted]> Tue, Jul 16, 2024 at 12:42 PM To: Doug Barrett <[email redacted]>

Hi Doug,

The contractor has not shown up anytime in the past 3 weeks and didn't do any work. I am currently having several issues due to uncompleted work

1) HOA case on me as my neighbors are getting impacted due to the leakage 2) the Dust storms are creating a Havoc due to the current state where quarter minus and other landfill was left covered across 3) I believe the work thats done in the past is also getting significantly impacted as its not completely done 4) The house surroundings and to live there in that quality of air is prompting me worried a risk to our health (we have 1.5 yr old)

I have complied with the request of giving the opportunity to the contractor and followed the guidance. I am requesting some help that I need to move out of this painful state and posing my family to risk of health issues. I would like to get this documented sooner so that I can start talking to someone that can help fix it.

I really hope you understand our situation. If needed, I can take the pictures or even do a video call of the current state and send you for documentation.

Thanks and appreciate your help time from ROC and their consideration.

Mahesh

[Quoted text hidden]

Doug Barrett <[email redacted]> Wed, Jul 17, 2024 at 9:59 AM To: Mahesh Tanniru <[email redacted]>

Good Morning Mahesh,

At this time I will be citing your complaint to our Legal Department. It is encouraged to continue to work towards a resolution with the contractor prior to any hearings, but not required.

Regards, Doug Barrett Investigator #222 Arizona Registrar of Contractors 1700 West Washington St., Ste 105 Phoenix, AZ 85007 https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 6/7 7/17/24, 9:59 AM State of Arizona Mail - Re: Case #2024-05666

Phone: (602)771-6775 E-mail: [email redacted]

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

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-f:[number redacted]… 7/7 6/17/24, 9:16 AM State of Arizona Mail - Case #2024-05666

Doug Barrett <[email redacted]>

Case #2024-05666 Mahesh Tanniru <[email redacted]> Tue, Jun 11, 2024 at 2:43 PM To: Doug Barrett <[email redacted]>

Hi Doug, I apologize for the delay in response.

Currently, The job is abandoned mid way through the process. The specific items that are yet to be completed are

I will be able to walk thru the items with the investigator at the home. The contractor has completely abandoned (dont respond to Phone or texts) for the past 2 weeks and was barely working for the past 2 monhts. Pls let me know if I need to provide more detail or any other questions.

We appreciate the timely response as we are having significant issues inside the house due to half completed job and also getting notices from the community for the prolonged delays.

Thanks for your time and we appreciate the help.

Mahesh

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=7a0dd92bff&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Subject: Abandonment/Delay of Landscaping work Dear Registrar, ROC, Arizona We are Sureka/Mahesh Tanniru, residing at 1434 E Jude Ln, Gilbert AZ 85298. We have bought this property last year in the month of Oct and has hired a Landscaping company with details below for developing the Front yard and the back yard of our home. Registered Company name: C & J renovations LLC Doing Business as: HDK Landscape & Design Owner: James Kahn License # 324811 Ph Number: 480-678-1852 For the project, the company has provided a bid (attached with the complaint) for the cost of project, but he has not provided any written contract with details like completion date, work schedule etc. However, the Verbal agreement was the work will start around Mar 1, 2024, and will take ~ 5- 7 weeks. The total cost of the Project was $ 32,005 which was planned to be paid in 5 installments of equal amount. The project was started on time around Mar 1 but has not been completed as of today (June 6, 2024). The work for the past 8 weeks has been extremely slow or none (as no worker shows up). I discussed the status of the project with James (Owner) several times and he come up with excuses on various fronts on the progress. He has committed new timelines almost every time I speak (moves the completion date by 2 weeks) from Mid-April. The only hiccup, I am aware was in the month of March when the Gas line approval from the county needed for the backyard took ~ 3 weeks instead of 2 weeks originally planned. He uses that as an excuse to tell that was unplanned and has cascade a ect to delay the project. The project is now completely stalled with no one coming to work for the whole of this week. The last discussion we had was that he will try to complete the job by June 15 but with no work progressing, I am not sure if that is possible. So far, I have paid a sum of $24,200 out of $ 32,005 bid (Paid Via Zelle). I have communication with him in the form of Ph texts on the discussion and commitments on timelines. I request the Registrar to take some action to help me sort out the issue with either completing the project in timely manner or settle the transaction, so that I can move forward with a new company to complete the Project. Thanks, Sureka/Mahesh Tanniru 1434 E Jude Ln Gilbert 85298 Ph: 971-253-9351 Date: Jun 6, 2024 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Mahesh Tanniru Mailing Address (Enter jobsite in Contract/Project section) City State Zip

1434 E Jude Ln Gilbert Arizona 85298 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

HDK Landscape & Design ROC 324811 Street Address City State Zip

Phone Number Email

480-300-1311 [email redacted] Name of Person(s) Representing License

James Kahn Contract/Project Information Contract Date Contract Amount Amount Paid

February 12, 2024 $32,005.00 $24,200.00 Date Work Started Date Work Stopped Date Work Was Completed

March 4, 2024 May 15, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

1434 E Jude Ln GILBERT AZ 85298 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

The contract was Oral All change orders were Oral This project was Residential This project involved Other Landscaping of Front and Back yard A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Originally the project was supposed to be completed by Mid April but now got prolonged to end of May. There is lack of communication and clarity on when the project can be completed. Allegations Listed on Complaint:

Partially done Front yard and backyard

Plants are dying due to lack of appropriate water.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Mahesh Tanniru \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 ESTIMATE

HDK Landscape & Design [email redacted] 1562 Shannon St +1 (480) 300-1311 Chandler, AZ 85225 hdklandscape.com

Sureka Bill to Ship to Sureka Sureka 1434 E. Jude LN 1434 E. Jude LN Gilbert, Arizona 85298 Gilbert, Arizona 85298

Estimate details Estimate no.: 288 Estimate date: 08/20/2023

# Date Product or service Amount

1. Services $8,750.00 travertine

2. Artificial Turf $4,550.00 Artificial turf installation--includes labor, installation materials, basic sand fill and 1 of the following turf (Daytona , KB60, Durasoft 60 and pet paradise)

3. upgrade plants $680.00 gallon plants

4. plants $1,500.00 Basic 5 gallon plants

5. irrigation $700.00 fix, add, upgrade and inspect

6. Belgard paver installation $1,800.00 Installation of Belgard pavers...includes pavers, installation materials, poly sweep and basic prep--includes standard 4 colors and 3 styles

7. Rock installation $6,000.00 Decorative rock includes all colors from Red Canyon up tp 1inch

8. Ground prep $660.00 Ground prep which includes demo, leveling, grading and other basic site task

9. delivery fee $150.00 Delivery fee 10. Equipment fee $250.00 Standard equipment fee

11. low voltage $0.00 low voltage system--includes 2 timers wire and 15 lights--$2500 value

12. custom raised wall $6,600.00 custom raised planters filled with dirt and irrigation ---stucco paint

13. water wall fountain $3,500.00 custom water feature--stackstone with travertine tops

14. low voltage $1,500.00 Additional lights

15. custom raised wall $1,125.00 Media walls

Subtotal $37,765.00

Discount 15.25% -$5,759.16

Total $32,005.84

Paid in Full

Accepted date 02/12/2024 6/6/24, 3:16 PM Zelle recipients - chase.com

Recipient's Details Printed from Chase Private Client

Name JAMES

Nickname [number redacted]

Mobile number 480-678-1852 

Date sent Status Pay from Type Amount May 11, 2024 Completed CPC CHECKING (...6111) In moments $5,000.00

Mar 14, 2024 Completed CPC CHECKING (...6111) In moments $4,500.00

Mar 1, 2024 Completed CPC CHECKING (...6111) In moments $4,000.00

Feb 13, 2024 Completed CPC CHECKING (...6111) In moments $10.00

Feb 13, 2024 Completed CPC CHECKING (...6111) In moments $4,990.00

https://secure.chase.com/web/auth/dashboard#/dashboard/paymentsAdmin/manageRecipient/selectContact 1/1 7/31/24, 7:59 AM State of Arizona Mail - 2024-05666

Answers - AZROC <[email redacted]>

2024-05666 message

james kahn <[email redacted]> Tue, Jul 30, 2024 at 4:07 PM To: "[email redacted]" <[email redacted]>

We are requesting the ROC to either drip this case due to complainant breach of contract due to failure to pay and adhere to written contract or we request and administrative hearing.

Sent from my Verizon, Samsung Galaxy smartphone

https://mail.google.com/mail/b/AEoRXRTrFwpABN6mSz-A0D3-mostEui-_e8zz6K-1k7qWXrF7XVE/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 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