2024A-05719-NPC-ROC Notice of Hearing & Packet MAILED 2024-05719.pdf

2024A-05719-NPC-ROC · Registrar of Contractors · 2024-06-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

JR McDade Co Acquisition LLC (FN), Case No. 2024-05719

COMPLAINANT, Docket No. 2024A-05719-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE ANCO Homes LLC License No. ROC 323219,

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

HEARING INFORMATION The hearing is set for:

August 9, 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 May 30, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(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 June 25, 2024.

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

Copy mailed via USPS First Class mail June 25, 2024 to:

Respondent(s) ANCO Homes LLC 28150 N Alma School Rd Ste.103, #329 Scottsdale, AZ 85262-5988

Respondent's Attorney Evan L. Thompson, Esq. 3430 E Sunrise Dr. Ste. 110 Tucson, AZ 85718 Complainant(s) JR McDade Co Acquisition LLC (FN) 4317 E Broadway Rd Phoenix, AZ 85040

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. 2024-05719 /

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 21, 2024

Via U.S. Mail and Email

Complainant JR McDade Co Acquisition LLC (FN) 4317 E Broadway Rd Phoenix, AZ 85040

Via U.S. Mail and Email

Respondent ANCO Homes LLC DBA: 28150 N ALMA SCHOOL RD STE 103, #329 Scottsdale, AZ 85262-5988

Re: Complaint No. 2024-05719

Dear Complainant and Respondent:

The Registrar received a complaint filed against ANCO Homes 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 28, 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 28, 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Mark B Steimel Street Address City State Zip Code 6722 E Ludlow Dr Scottsdale Arizona 85254 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) ANCO Homes LLC ROC 323219 Street Address City State Zip Code

Phone Number Email Address

Name of Person(s) Representing License Chuck Nibley Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $19,580.00 September 13, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 9/13/23 - $19,580.00

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Mark B Steimel Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date Mark B Steimel INVOICE

J.R. MCDADE COMPANY ACCOUNTING DEPARTMENT 4317 E. BROADWAY ROAD PHOENIX, AZ 85040 602-230-8800 SOLD TO SHIP TO ANCO HOMES LLC TODD RESIDENCE 30423 N 139TH ST 29129 N 142ND ST SCOTTSDALE, AZ85254 SCOTTSDALE, AZ 85262

CUSTOMER ORDER DATE INVOICE # TELE #1 P.O. # 9/13/2023 MD271254-4 602-230-8800 CONTRACT

CONTRACT BILLING:

TILE, WOOD FLOORING, CABINETS, STONE SLABS & SINKS INSTALLATIONS:

CONTRACT TOTAL TO DATE: $ 88,990.56 50% DEPOSIT RECEIVED 8/5/22: $ (38,953.33) DRAW RECEIVED 8/22/23: $ (30,457.23)

BILLING FOR COMPLETION OF PROJECT: $ 19,580.00

* All materials sold AS IS subject to manufacturer warranty only. Seller extends no warranty express or implied as to merchantability or fitness for a particular purpose (A.R.S. Section 47-2313 et seq.)

* Service fee charged at the rate of 1 1/2 % per month equal to 18% per annum on items 30 days or over. All collections and legal charges will be paid by the purchaseer. Sales Rep(s) Material NATALIE WICK Service $ 88,990.56 Misc. Sales Tax

Total $ 88,990.56 Payments $ 69,410.56 Balance $ 19,580.00 DocuSign Envelope ID: 0B4CD70B-6F6F-4728-8BF6-37EFC5367E9C BILLING DATA

Original Billing Data: DATE 6.23.22 REVISED Billing Data: DATE 6/20/2023

BUILDER: ANCO HOMEBUYER: TODD PLAN: 3080 ADDRESS 29129 N 142ND ST DESIGNER: NATALIE

COL 1 COL 2 COL 3 COL 4 COL 5

BASE BUYER FLOORING CONTRACT builder COST UPGRADES PROFIT GPM

CARPET AND BASE PAD BASE CONTRACT $ 1,635.00 $ - $ - 30%

CONTRACT OPTION $ - $ - 30% CONTRACT OPTION $ - $ - 30% CONTRACT OPTION $ - $ - 30% CONTRACT OPTION $ - $ - 30% ALL FLOORING BASE CONTRACT $ 8,757.00 $ - 30% $ - $ - $ - 30%

DITRA HEAT OPTION $ 3,460.10 $ 4,943.00 $ 1,482.90 30% UPGRADED FLOORING $ 9,771.30 $ 13,959.00 $ 4,187.70 30%

GUEST BATHROOM ADDITION - CHANGE FROM LVP CO 3 $ 1,032.50 $ 1,475.00 $ 442.50 30% CONTRACT OPTION $ - $ - 30% WOOD FLOORING UPGRADE OPTION $ - $ - 30% VERTICAL WALL TILE BASE CONTRACT 30%

CONTRACT OPTION MASTER SHOWER SURROUNDS $ 2,930.00 $ 8,511.30 $ 12,159.00 $ 3,647.70 30% CONTRACT OPTION BATH 2 TUB (OPT SHOWER) $ 1,685.00 $ 1,586.20 $ 2,266.00 $ 679.80 30% CONTRACT OPTION BATH 3 SHOWER SURROUNDS $ 3,115.00 $ 807.80 $ 1,154.00 $ 346.20 30% 3/9/23 signed co1 - down time $ - $ 543.20 $ 776.00 $ 232.80 30%

$ - $ - $ - $ - 30% $ - $ - $ - 30% HOURLY FOR DEMO OF CURBS - ESTIMATE $ - $ 406.00 $ 580.00 $ 174.00 30% COUNTERTOPS BASE CONTRACT $ 11,539.00 $ - $ - 30%

CONTRACT OPTION $ - $ 3,927.00 $ 5,610.00 $ 1,683.00 30%

FULL SPLASH ADD $ 2,618.70 $ 3,741.00 $ 1,122.30 30% full splash past hood to ceiling 12122 $ 1,880.20 $ 2,686.00 $ 805.80 30%

CONTRACT OPTION $ - $ - 30% CONTRACT OPTION $ - $ - 30% CABINETS $ 14,058.36 30%

$ 6,123.60 $ 8,748.00 $ 2,624.40 30%

stacked add 12/1/22 $ 2,729.30 $ 3,899.00 $ 1,169.70 30% 5/22/23 -mud room cabinet redo ONLY BUILDER, NOT BUYER $ 1,874.00 $ - 30% $ - $ - 30% $ - $ -

TOTALS $ 43,719.36 $ 45,271.20 $ 61,996.00 $ 18,598.80

SLAB TOTAL $ 19,964.90 FLOORING TOTAL $ 69,025.66 $ -

TOTAL DUE TO MCDADE FROM BUILDER $ 88,990.56

BUILDER SIGNATURE 6/27/2023 REMARKS: 50% DEPOSIT DUE FOR START ($38953.33) BALANCE DUE UPON COMPLETION HOMEOWNER ADDED FULL SLAB SPLASH - 91422DT 3/9 - DT - ADDED THE TWO CHANGE ORDERS 31423DT - ADDED LATE CHANGE FROM 12/22 CAB /SLAB AREAS 3/17/23 - DEMO ADDED FOR CURB APPROVAL 5/22/23 - MUD ROOM REDO CABINET - ANCO TO PAY FOR BUYER EXPECTATION DT 6/20/23 - REMOVED BACK MITRE CHANGE ORDER -NO LONGER APPLICABLE for J. R. McDade internal Use only $ - BALANCE DUE TO McDADE $ 88,990.56

C08-044511 C48-085286 L08-085298 L48-085299 Service fee at the rate of 1 1/2% per month on items 30 days or over. All collections and legal charges will be paid by the purchaser. Anco Homes LLC

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT (Pursuant to A.R.S. 33-1008)

Project: _Todd Residence ___

Lot: 29129 N 142nd St. – Scottsdale, AZ 85262

On receipt by the undersigned of a check from Anco Homes LLC in the sum of $_19,580.00_ payable to J.R. McDade Co., LLC., and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any Mechanic’s Lien, any state or federal statutory bond right, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for a person in the undersigned’s position that the undersigned has on the job of _Todd Residence located at: _29129 N 142nd St. – Scottsdale, AZ._to the following extent. This release covers a progress payment for all labor, services, equipment or materials furnished to the jobsite or to Anco Homes LLC through _9/13/23_ only and does not cover any retention, pending modifications and changes or items after that date. Before any recipient of this document relies on it, that person should verify evidence of payment to the undersigned.

The undersigned warrants that he either has already paid or will use the monies he receives from this progress payment to promptly pay in full all of his laborers, subcontractors, material, men and suppliers for all work, materials, equipment or services provided for or to the above referenced project up to the date of this waiver.

Trade Contractor: JR McDade Co., LLC

Name:____Dan Phillips________ (Signature) Its:____A/R Manager______________ (Title) Date:______9/13/2023_____________ From: Ben Steimel Sent: Monday, April 29, 2024 2:27 PM To: chuckn centorinc.com Subject: RE: Todd Residence Final Bill

Chuck,

Thank you for providing clarity on the purpose of the $1,500 adjustment and confirming the details regarding the work you had done on our cabinets.

Regarding JR McDade's take on your homeowner's request for custom doors and the subsequent discussion, I must clarify our stance. At present, we are unable to entertain this request for several reasons. First and foremost, Travis Todd is not our direct customer; our contractual obligations lie with you and your company. Secondly, our priority in these emails is to resolve any outstanding agreements with our contracting party, which is your company.

However, we remain committed to fulfilling our contractual obligations and reaching a mutually satisfactory resolution regarding the potential pending work. With that in mind, we are open to discussing a potential reduction in the total amount due, provided you are interested in exploring such an option.

I appreciate your understanding and cooperation in this matter.

Best regards, Ben

From: chuckn centorinc.com <[email redacted]> Sent: Monday, April 29, 2024 1:56 PM To: Ben Steimel <[email redacted]> Subject: Re: Todd Residence Final Bill

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ben,

Good Afternoon,

To provide clarification, this is a request from Travis for the cost of doors that he purchased for the J&J Bath and one other area for custom butt doors to match the rest of the cabinets. These doors were purchased by Travis to match the rest of the house, as Leedo did not make this specific configuration. All other work performed by ANCO was done of good will and no charges will be incurred.

Chuck Nibley ANCO Homes

From: Ben Steimel <[email redacted]> Sent: Monday, April 29, 2024 12:25 PM To: chuckn centorinc.com <[email redacted]> Cc: Jennifer Kamenca <[email redacted]>; Linda Cannon <[email redacted]>; Dan Phillips

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] <[email redacted]> Subject: RE: Todd Residence Final Bill

Hi Chuck,

I trust this email finds you well.

I'm reaching out to seek clarification on the proposed adjustments to the current amount due on the project. Specifically, I'd like to confirm if you are requesting a reduction of $1,500 due to work completed on our cabinets, either by your team or an external company. While I'm open to considering an adjustment, I'd appreciate clarity on this matter.

Regarding the suggested $3,000 reduction for grout sealing, I regret to inform you that we cannot accommodate this request. All grout sealing work has been carried out in accordance with the agreed scope and specifications. I provided evidence of this work in my previous email dated 4/26/24, which I have attached for your reference.

Please respond at your earliest convenience, as we cannot extend the deadline stated in the email from 4/26/24 any further.

Additionally, I want to clarify that forwarding communication between your homeowner and yourself to me is unnecessary, as they are not part of our contractual agreement with each other.

Respectfully, Ben

From: chuckn centorinc.com <[email redacted]> Sent: Monday, April 29, 2024 9:14 AM To: Ben Steimel <[email redacted]> Subject: Todd Residence Final Bill

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ben,

Good Morning,

Please see the attached email from the Owners. In conclusion to this project there are items of concern that I would like to acknowledge. During the construction of this home ANCO has taken on numerous expenses to complete and or resolve various issues to a proper stand of care. These items include but are in no way limited to additional cabinetry, touch up fillers caulking and finish prep. Numerous adjustments to doors and panels to correct the level, proper function and resolve gaps or fitment issues have all been performed. These items were corrected or repaired at the expense of ANCO Homes to ensure the highest level of build quality for the home and were done so freely and in good faith. ANCO Homes also continues to repair and correct additional items from previous homes which includes tile, carpet and cabinetry issues. These items will be addressed in a separate form of communication. I would like to move this project to the final steps of completion and fully resolve any outstanding items. As discussed, the payment will be delivered to your office.

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] Chuck Nibley ANCO Homes

Hi Chuck,

We are very disappointed by the response from Ben @ JR McDade. Ben's response is unacceptable and does not demonstrate their stated Mission statement of "We're committed to serving Arizona with excellence". After all of the anxiety and suffering McDade has caused with incorrect products being installed, poor workmanship, delays and incomplete work, we expect more from them. We have been more than fair and patient considering we have been working to resolve incorrect and incomplete work for almost a year.

Ben can assert that he has personally expressed willingness to complete outstanding items, but that does NOT mean that his team expressed the same. (nor does it mean McDade's actions support that expression) I was very specific in saying that JJ refused to complete outstanding items. My understanding is that JJ works for and represents JR McDade. While at the house, I asked him to clean up the paint overspray he got on our brand-new stainless hood. He refused. I also asked that he paint the top of the horizontal cabinet trim above the fridge to match the rest of the horizontal trim on the rest of the cabinets. He refused again. After further review, we also noticed that JJ or his colleagues got white paint overspray on our brand-new washer/dryer when they attempted to remedy the botched cabinet installation.

It is not acceptable for Ben to claim that McDade never offers grout seal and only agree to seal the grout after we provided written documentation and then come up with a questionable document claiming to have already sealed the grout in 2023. His series of responses are highly suspicious and seem to only benefit JR McDade.

Finally, we are not happy with Ben's suggestion that we should simply accept a couple of cabinets because Leedo does not make them. I am referencing the cabinet above the microwave and the sink cabinet in the Jack & Jill bathroom. These are the only 2 white cabinets that have different doors that the rest of the house. I asked Ben if he could provide a solution and he refused. He suggested that McDade was already doing too much for us as though we should be grateful for McDade agreeing to fix their cabinet order errors. We have located a carpenter that will make custom cabinet doors for us. (see attached estimate)

At this point, we believe it would be fair and reasonable to deduct $4500 from the final invoice. Specifically, $3000 for the grout seal and $1500 for the cabinet doors. We look forward to putting this entire experience behind us. However, should JR McDade be unwilling to move forward, we will escalate.

Respectfully,

Travis and Jennifer Todd 602-751-9241

From: Ben Steimel <[email redacted]> Sent: Thursday, April 11, 2024 12:47 PM To: chuckn centorinc.com <[email redacted]> Cc: Trevor Lazenby <[email redacted]>; Dan Phillips <[email redacted]> Subject: RE: Todd Residence Final Bill

Dear Chuck,

I hope this email finds you well.

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] I want to address some recent communication regarding the completion of work on the Todd Residence. It seems there may be some confusion regarding the agreed-upon process and the status of outstanding tasks.

Firstly, I want to clarify that we have NEVER refused to perform any work requested. On the contrary, we have consistently expressed our willingness to address all outstanding items once the agreed-upon procedures are followed. This has been reiterated continuously throughout our correspondence (8x on this email chain) .

As outlined in our previous discussions and agreements, our understanding is that we would complete the items listed in the December 13th list before receiving final payment. I have attached emails in addition to this email chain that detail these discussions for reference. Furthermore, you have mentioned on several occasions your readiness to submit final payment (3 via email), which has yet to be fulfilled.

Based on our records and agreement, all items from the December 13th list have been completed. Therefore, we are again awaiting final payment to proceed with any additional tasks, including the ones you mentioned regarding the skin in the laundry room and the shelves above the refrigerator.

Regarding the attempted courtesy reseal of the grout on April 9th, 2023, we were unfortunately turned away. I have attached a copy of the original invoice for this service that was preformed late 2023, which confirms its completion. That being said, we consider this contractual obligation complete.

In summary, we are ready to proceed with any remaining tasks once we receive final payment, as per our agreement. Please let us know when we can expect payment, and we will promptly resume work on the Todd Residence.

Additionally, I urge you to ensure our stance on this issue is properly communicated with your clients. It appears that there may still be some miscommunication there. As stated in our email exchange on 3/13, we have an agreement and contract with you, and you have an agreement and contract with the Todds. We cannot be held to their contractual expectations, as they are not our client. You are our clients, and we will work with you tirelessly to complete this job per our agreements/understandings.

Thank you for your attention to this matter, and I appreciate your cooperation in resolving any misunderstandings.

Best regards,

Ben

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] Ben Steimel

VP of Operations

O: 602-230-8800 M: 602-810-4569

4317 E Broadway Rd | Phoenix, AZ 85040

www.jrmcdade.com

From: chuckn centorinc.com <[email redacted]> Sent: Thursday, April 11, 2024 7:40 AM To: Ben Steimel <[email redacted]> Subject: Re: Todd Residence Final Bill Importance: High

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ben,

Good Morning!

I wanted provide and update and go over the outstanding items that have been requested for completion. Please make sure to have any and all of the trades schedule with myself or Travis for any repairs, prior to visiting the home.

JJ called yesterday regarding the overspray at the hood vent and the top of the refrigerator. I have taken care of this issue and no further action is needed.

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] The items that are still outstanding as requested are the following-

Damaged/Broken skin (white) inside laundry base cabinet to the left of the sink. (see below)

Shelves above fridge and freezer cabinet. along with extra cabinet/shelve clips.

Thanks Chuck, in addition to resolving the items below, I want to confirm two things regarding the grout seal prior to final payment to McDade.**

1) ALL grout will be sealed, not just showers and backsplash as they stated below.

2) ALL grout will be thoroughly cleaned before sealing.

**If McDade agrees, we would be open to a scenario where they subtract $3k from the invoice for grout seal and we will handle cleaning/sealing of grout ourselves.

In terms of the cracked skin in the laundry room cabinet, they need to fix this prior to final payment (especially since we were forced to hire a 3rd party when JJ refused to complete previously identified issues when he was at the house a few weeks ago)

We would also like ETA and confirmation that McDade will address missing shelves in the upper cabinets above fridge. (Including extra shelving clips as requested)

Sincerely,

Travis and Jen Todd

Please call me when you are able to discuss any of the items

Thanks!

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] Chuck Nibley

ANCO Homes

Confidentiality Notice This electronic transmission and any documents accompanying it may contain confidential information belonging to the sender and privileged or otherwise protected by work product. The information is intended only for the use of the individual named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this message is strictly prohibited. If you have received this transmission in error, please immediately notify us by telephone and permanently delete this message.

Please note that as the recipient, should check the email for threats with proper software, as the sender does not accept liability for any damage inflicted by viewing the content of this email.

Chuck

It was nice speaking with you. Per our conversation, JJ and I will be at the Todd Home this Thursday (3/7/24) around noon to address the items we agreed to on the list dated 12/13/23. For clarity that’s items 2,4,5,6, 18 & 19 from the list dated 12/13/23. These items coordinate with items 2,3,6,8,9 & 10 on the list dated 3/3/24. Furthermore, It was agreed that items 1,7,11,14& 15 on list dated 3/3/24 were either not on the list dated 12/13/23 or are not of current concern (#1). The remainder of the items on the list date 3/3/24 are new items and will be address once we get to the final touch-up phase of this job.

Thanks

Ben

Ben Steimel

VP of Operations

O: 602-230-8800 M: 602-810-4569

4317 E Broadway Rd | Phoenix, AZ 85040

www.jrmcdade.com

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] From: chuckn centorinc.com <[email redacted]> Sent: Friday, April 26, 2024 1:54 PM To: Ben Steimel Subject: Re: Demand and Final Request for Final Payment

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ben,

Good Afternoon!

I am out of the office today, but wanted to respond to your email. I will have this payment issue resloved this Monday afternoon and bring the payment to the office.

Thank You!

From: Ben Steimel <[email redacted]> Sent: Friday, April 26, 2024 9:49 AM To: chuckn centorinc.com <[email redacted]> Cc: Dan Phillips <[email redacted]>; Jennifer Kamenca <[email redacted]>; Linda Cannon <[email redacted]> Subject: Demand and Final Request for Final Payment

Chuck:

Contrary to your numerous verbal/oral agreements and assurances with and to me, combined with our numerous email communications regarding the resolution of ANCO’s outstanding balance for work performed at the Todd Residence, the balance remains unpaid to date.

Please note: - Attachment – ANCO Invoice : o Invoice dated 9/13/2023 outlining payments as of that date and with outstanding balance of $19,580.00. o Data Billing sheet signed and accepted by you on 6/27/2023:

ANCO adhered to the terms of the Billing Sheet by paying original deposit and subsequent draw amounts and, therefore, expressed its agreement of all payment terms – ie.50% DEPOSIT DUE FOR START ($38953.33) BALANCE DUE UPON COMPLETION i.e., meaning per industry standards of Substantial Completion. Please note, the bottom of the billing sheet states: Service fee at the rate of 1 1/2% per month on items 30 days or over. All collections and legal charges will be paid by the purchaser. - Per my most recent email of April 11,2024 I clearly state:

Based on the foregoing, this email constitutes JR McDade’s Demand that ANCO submit final payment no later than

file:///C/...p/Temp/Temp%20Temp/New%20folder/Re%20Demand%20and%20Final%20Request%20for%20Final%20Payment%20%20.htm[5/17/2024 3:15:53 PM] calendar 15 days from the date of this email or JR McDade will have no other option than to pursue all legal remedies available to it either through the courts or Arizona Registrar of Contractors.

It is the hope of JR McDade that ANCO will comply with this Demand and immediately submit the outstanding final balance of $19,580.00 and keep our mutually beneficial relationship intact.

Respectfully, Ben

Ben Steimel VP of Operations O: 602-230-8800 M: 602-810-4569 4317 E Broadway Rd | Phoenix, AZ 85040 www.jrmcdade.com

Please note that as the recipient, should check the email for threats with proper software, as the sender does not accept liability for any damage inflicted by viewing the content of this email.

file:///C/...p/Temp/Temp%20Temp/New%20folder/Re%20Demand%20and%20Final%20Request%20for%20Final%20Payment%20%20.htm[5/17/2024 3:15:53 PM] REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-05719 JR McDade Co Acquisition LLC (FN),

COMPLAINANT, v. CITATION ANCO Homes LLC License No. ROC 323219,

RESPONDENT.

The Registrar issues this Citation to ANCO Homes LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 14, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On May 17, 2024, JR McDade Co Acquisition LLC (FN) (“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

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

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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 unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 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:

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. 2024-05719. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

If Respondent submits a written answer by mail, it is not filed with the Registrar until the

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated May 30, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 30, 2024 to:

Respondent Certified Mail No: [number redacted]

ANCO Homes LLC 28150 N ALMA SCHOOL RD STE 103, #329 Scottsdale, AZ 85262-5988 Copy mailed by USPS First Class mail this same date to: ANCO Homes LLC 28150 N ALMA SCHOOL RD STE 103, #329 Scottsdale, AZ 85262-5988

ANCO Homes LLC 30423 N. 139th St. Scottsdale, AZ 85254

Complainant JR McDade Co Acquisition LLC (FN) 4317 E Broadway Rd Phoenix, AZ 85040 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. 2024-05719 / MTH

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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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) ANCO Homes LLC ROC 323219 Street Address City State Zip Code

Phone Number Email Address

CUSTOMER ORDER DATE INVOICE # TELE #1 P.O. # 9/13/2023 MD271254-4 602-230-8800 CONTRACT

CONTRACT BILLING:

TILE, WOOD FLOORING, CABINETS, STONE SLABS & SINKS INSTALLATIONS:

CONTRACT TOTAL TO DATE: $ 88,990.56 50% DEPOSIT RECEIVED 8/5/22: $ (38,953.33) DRAW RECEIVED 8/22/23: $ (30,457.23)

BILLING FOR COMPLETION OF PROJECT: $ 19,580.00

Total $ 88,990.56 Payments $ 69,410.56 Balance $ 19,580.00 DocuSign Envelope ID: 0B4CD70B-6F6F-4728-8BF6-37EFC5367E9C BILLING DATA

Original Billing Data: DATE 6.23.22 REVISED Billing Data: DATE 6/20/2023

BUILDER: ANCO HOMEBUYER: TODD PLAN: 3080 ADDRESS 29129 N 142ND ST DESIGNER: NATALIE

COL 1 COL 2 COL 3 COL 4 COL 5

BASE BUYER FLOORING CONTRACT builder COST UPGRADES PROFIT GPM

CARPET AND BASE PAD BASE CONTRACT $ 1,635.00 $ - $ - 30%

CONTRACT OPTION $ - $ - 30% CONTRACT OPTION $ - $ - 30% CONTRACT OPTION $ - $ - 30% CONTRACT OPTION $ - $ - 30% ALL FLOORING BASE CONTRACT $ 8,757.00 $ - 30% $ - $ - $ - 30%

DITRA HEAT OPTION $ 3,460.10 $ 4,943.00 $ 1,482.90 30% UPGRADED FLOORING $ 9,771.30 $ 13,959.00 $ 4,187.70 30%

GUEST BATHROOM ADDITION - CHANGE FROM LVP CO 3 $ 1,032.50 $ 1,475.00 $ 442.50 30% CONTRACT OPTION $ - $ - 30% WOOD FLOORING UPGRADE OPTION $ - $ - 30% VERTICAL WALL TILE BASE CONTRACT 30%

$ - $ - $ - $ - 30% $ - $ - $ - 30% HOURLY FOR DEMO OF CURBS - ESTIMATE $ - $ 406.00 $ 580.00 $ 174.00 30% COUNTERTOPS BASE CONTRACT $ 11,539.00 $ - $ - 30%

CONTRACT OPTION $ - $ 3,927.00 $ 5,610.00 $ 1,683.00 30%

FULL SPLASH ADD $ 2,618.70 $ 3,741.00 $ 1,122.30 30% full splash past hood to ceiling 12122 $ 1,880.20 $ 2,686.00 $ 805.80 30%

CONTRACT OPTION $ - $ - 30% CONTRACT OPTION $ - $ - 30% CABINETS $ 14,058.36 30%

$ 6,123.60 $ 8,748.00 $ 2,624.40 30%

stacked add 12/1/22 $ 2,729.30 $ 3,899.00 $ 1,169.70 30% 5/22/23 -mud room cabinet redo ONLY BUILDER, NOT BUYER $ 1,874.00 $ - 30% $ - $ - 30% $ - $ -

TOTALS $ 43,719.36 $ 45,271.20 $ 61,996.00 $ 18,598.80

SLAB TOTAL $ 19,964.90 FLOORING TOTAL $ 69,025.66 $ -

TOTAL DUE TO MCDADE FROM BUILDER $ 88,990.56

C08-044511 C48-085286 L08-085298 L48-085299 Service fee at the rate of 1 1/2% per month on items 30 days or over. All collections and legal charges will be paid by the purchaser. Anco Homes LLC

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT (Pursuant to A.R.S. 33-1008)

Project: _Todd Residence ___

Lot: 29129 N 142nd St. – Scottsdale, AZ 85262

Trade Contractor: JR McDade Co., LLC

Name:____Dan Phillips________ (Signature) Its:____A/R Manager______________ (Title) Date:______9/13/2023_____________ From: chuckn centorinc.com <[email redacted]> Sent: Friday, April 26, 2024 1:54 PM To: Ben Steimel Subject: Re: Demand and Final Request for Final Payment

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ben,

Good Afternoon!

I am out of the office today, but wanted to respond to your email. I will have this payment issue resloved this Monday afternoon and bring the payment to the office.

Thank You!

Chuck:

Based on the foregoing, this email constitutes JR McDade’s Demand that ANCO submit final payment no later than

It is the hope of JR McDade that ANCO will comply with this Demand and immediately submit the outstanding final balance of $19,580.00 and keep our mutually beneficial relationship intact.

Respectfully, Ben

Ben Steimel VP of Operations O: 602-230-8800 M: 602-810-4569 4317 E Broadway Rd | Phoenix, AZ 85040 www.jrmcdade.com

Please note that as the recipient, should check the email for threats with proper software, as the sender does not accept liability for any damage inflicted by viewing the content of this email.

file:///C/...p/Temp/Temp%20Temp/New%20folder/Re%20Demand%20and%20Final%20Request%20for%20Final%20Payment%20%20.htm[5/17/2024 3:15:53 PM] From: Ben Steimel Sent: Monday, April 29, 2024 2:27 PM To: chuckn centorinc.com Subject: RE: Todd Residence Final Bill

Chuck,

Thank you for providing clarity on the purpose of the $1,500 adjustment and confirming the details regarding the work you had done on our cabinets.

I appreciate your understanding and cooperation in this matter.

Best regards, Ben

From: chuckn centorinc.com <[email redacted]> Sent: Monday, April 29, 2024 1:56 PM To: Ben Steimel <[email redacted]> Subject: Re: Todd Residence Final Bill

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ben,

Good Afternoon,

Chuck Nibley ANCO Homes

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] <[email redacted]> Subject: RE: Todd Residence Final Bill

Hi Chuck,

I trust this email finds you well.

Please respond at your earliest convenience, as we cannot extend the deadline stated in the email from 4/26/24 any further.

Additionally, I want to clarify that forwarding communication between your homeowner and yourself to me is unnecessary, as they are not part of our contractual agreement with each other.

Respectfully, Ben

From: chuckn centorinc.com <[email redacted]> Sent: Monday, April 29, 2024 9:14 AM To: Ben Steimel <[email redacted]> Subject: Todd Residence Final Bill

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ben,

Good Morning,

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] Chuck Nibley ANCO Homes

Hi Chuck,

Respectfully,

Travis and Jennifer Todd 602-751-9241

Dear Chuck,

I hope this email finds you well.

Thank you for your attention to this matter, and I appreciate your cooperation in resolving any misunderstandings.

Best regards,

Ben

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] Ben Steimel

VP of Operations

O: 602-230-8800 M: 602-810-4569

4317 E Broadway Rd | Phoenix, AZ 85040

www.jrmcdade.com

From: chuckn centorinc.com <[email redacted]> Sent: Thursday, April 11, 2024 7:40 AM To: Ben Steimel <[email redacted]> Subject: Re: Todd Residence Final Bill Importance: High

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ben,

Good Morning!

JJ called yesterday regarding the overspray at the hood vent and the top of the refrigerator. I have taken care of this issue and no further action is needed.

Damaged/Broken skin (white) inside laundry base cabinet to the left of the sink. (see below)

Shelves above fridge and freezer cabinet. along with extra cabinet/shelve clips.

Thanks Chuck, in addition to resolving the items below, I want to confirm two things regarding the grout seal prior to final payment to McDade.**

1) ALL grout will be sealed, not just showers and backsplash as they stated below.

2) ALL grout will be thoroughly cleaned before sealing.

**If McDade agrees, we would be open to a scenario where they subtract $3k from the invoice for grout seal and we will handle cleaning/sealing of grout ourselves.

We would also like ETA and confirmation that McDade will address missing shelves in the upper cabinets above fridge. (Including extra shelving clips as requested)

Sincerely,

Travis and Jen Todd

Please call me when you are able to discuss any of the items

Thanks!

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] Chuck Nibley

ANCO Homes

Please note that as the recipient, should check the email for threats with proper software, as the sender does not accept liability for any damage inflicted by viewing the content of this email.

Chuck

Thanks

Ben

Ben Steimel

VP of Operations

O: 602-230-8800 M: 602-810-4569

4317 E Broadway Rd | Phoenix, AZ 85040

www.jrmcdade.com

file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] file:///C/...20Artisan%20Design%20Group/Desktop/Temp/Temp%20Temp/New%20folder/RE%20Todd%20Residence%20Final%20Bill.htm[5/17/2024 3:17:53 PM] Received 6/13/2024 ROC Legal Received 6/13/2024 ROC Legal Received 6/14/24, 8:09 AM State of Arizona Mail - Complaint No. 2024-05719 - ANCO Homes, LLC 6/13/2024 ROC Legal

Answers - AZROC <[email redacted]>

Complaint No. 2024-05719 - ANCO Homes, LLC message

Haley Watson <[email redacted]> Thu, Jun 13, 2024 at 5:03 PM To: "[email redacted]" <[email redacted]> Cc: Evan Thompson <[email redacted]>

Good afternoon,

Please find the attached Answer to the above referenced complaint.

Sincerely,

Haley Watson Legal Assistant Thompson•Krone, P.L.C. 3430 East Sunrise Drive. Suite 110. Tucson, Arizona 85718 p: (520) 884-9694 f: (520) 323-4613

Tucson | Phoenix ThompsonKrone.com

CONFIDENTIALITY NOTICE: This e-mail from the Thompson•Krone, P.L.C. law firm contains confidential information intended only for the addressee(s). Information in or attached to it may be privileged, confidential or protected by law. If you are not the addressee (or a person responsible for delivering this transmission to the addressee) you are strictly prohibited from reading, copying, disseminating or distributing it. If you have received this e-mail in error, please notify me by replying to this message or calling me collect at 520.884.9694, then delete this e-mail from your system and destroy any print outs you may have made. Thank you.

ANCO Written Answer to Citation & Complaint.pdf 79K

https://mail.google.com/mail/b/AEoRXRSu5pbeOWFpotUqBeXMf_tmw5KHd8BRlo-ymKWLewfMD8RL/u/0/?ik=581c53cf5c&view=pt&search=all&per… 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