2024A-05836-CHC-ROC Notice of Hearing & Packet MAILED 2024-05836.pdf
2024A-05836-CHC-ROC · Registrar of Contractors · 2024-11-25
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Lori Tope , Case No. 2024-05836
COMPLAINANT, Docket No. 2024A-05836-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Martin Construction & Remodeling LLC License No. ROC 217154,
RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
December 31, 2024 9:00 AM Sondra Vanella 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 September 5, 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)(1) Charge: 2 A.R.S. § 32-1154(A)(2)(a)
Charge: 3 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Charge: 5 A.R.S. § 32-1154(A)(16) Charge: 6 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 November 25, 2024. By: /s/ Erika Hoskin Legal Assistant II Arizona Registrar of Contractors
Copy mailed via USPS First Class mail November 25, 2024 to: Respondent(s) Martin Construction & Remodeling LLC 2747 E Courtney St Gilbert, AZ 85298 Respondent's Attorney Hannah K. Durrett, Esq. 1930 N. Arboleda Rd., Ste. 200 Mesa, AZ 85213
Complainant(s) Lori Tope PO Box 1344 Scottsdale, AZ 85252
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. 2024-05836 /
Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● Citation; and ● Answer. The Hearing Packet will also contain the following documents (if applicable): ● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos. What if there are If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to: ● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118. A sample prehearing disclosure form and instructions are provided to the parties by the Registrar. How do I obtain If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Lori Tope Case No. 2024-05836 COMPLAINANT, v. Martin Construction & Remodeling LLC CITATION License No. ROC 217154,
RESPONDENT.
The Registrar issues this Citation to Martin Construction & Remodeling LLC
(“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by
September 20, 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, Lori Tope (“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)(1)
Abandonment of a contract or refusal to perform after submitting a bid on work
without legal excuse for the abandonment or refusal.
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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.
Charge 3: 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.
Charge 4: A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158.
Charge 5: A.R.S. § 32-1154(A)(16) Knowingly contracting beyond the scope of the license or licenses of the licensee.
Charge 6: 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
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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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. 2024-05836. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 20, 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
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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in 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 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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 September 5, 2024. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors
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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 5, 2024 to:
Respondent Certified Mail No: [number redacted]
Martin Construction & Remodeling LLC 2747 E Courtney St Gilbert, AZ 85298
Copy mailed by USPS First Class mail this same date to:
Martin Construction & Remodeling LLC 2747 E Courtney St Gilbert, AZ 85298
Complainant Lori Tope PO Box 1344 Scottsdale, AZ 85252 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. 2024-05836 / <<CreatedBy_DW>
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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Received by Investigations 05/17/2024 2024-05836 RECEIV Licensed Complaint Form MA) Departmental Use Only For Current or Suspended Licensees ComplaintNumber: Mail to: INVESTIGAIIONS Registrar of Contractors P.O. Box 18243 uarK in Phoenix, AZ 85005-8243
Person ""Y"f'bY"'.lzp€ Business Name (if a licensed conkactor or supplieo ROC License Numbe(s) (if any)
20.7 /<vL/ ^^ "'\tn%e Mailang Address (Enter jobsite in ContracrProject section)
b. statefr _a ^?a)t1 Plone Num bo) o5- D\LOS Q ahp . (ort t I consent to receive communications electronically in connecti with this case Qves Qt'to Name of Attorney (if any)
Street Address of Attomey City Stale zip
Phone Number of Attomey Email of Attomey
Contractor lnformation *lifr"H)XYWtfuucr5u, * f Rendt hrq ct, ROC License Numberfs)
A/ -7 lSq 5n q7 b (2)r-fnN 6,/Ar/ Street Address Zi """A2 Num
Name of Person(s) - 633 Rep,"Pel{i[/ AeNN Email - c lyprhglandQ n4fiZl-7x/ . ContracUProject I nformatiodt:i:i:rri:1:lli:lilll:':,. /tfiA Contract Dale Contracl Amount 4z//OoO Amount Paid o, ooo Date work st.ned Date W Date Work Was Completed /// aA w5v MoveJn Date (New-Home) Close of Escrow (New Home)
,r"r"4Z "ry)"5' fE: r7/ P,ttc-r/,+v € "'o prfu ^'gg;/B Name of Conslruction S rte Owner Construction Site Name (if applicable)
5€7 A&)v6 pnone t,tumOer ol Conslruction Srle Owner Email of Construction Site Owner I
This complaint is for bandonment oor Work O Other I have contacted the contractor by Q Phone O Email Odletter ON/A Have you filed a complaint in court? 0 Yes O,l(o ON/A lf yes, provide a copy of civil complaint Has any work been corrected? O Yes Pl{o lf yes, by whom? The contract was dWittt n Q oral OBoth All change orders were O Written O Oral O Both Pf'NlA This project was O Commercial O'(esidential OOn Tribal Land 'epair This project involved O New Home O Remodel OOther A building permit was obtained by OContractor QProperty Owner OBuilding permit #
RCC099 12l05/18 Received by Investigations 05/17/2024 2024-05836
Licensed Complaint Form For Current or Suspended Licensees
I nformatioh CiSiiti n ued Lisl and briefly describe each complainl item (Please do not write "see attached" or use addilional pages unless necessary to further describe issues or list more int items mited to 100 characters line
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Siqnature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submifted 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 fties, and will rf necess d hearin s and te to facts PrintedtYe rro& tVlr,p Dale /7 2
RCC099 12105/18
Received by Investigations 05/17/2024 2024-05836
t ANTI e keodrlilo- Constociion
Kitchens Baths Ftooring Landscape Design & More
IGIII{YI{AnllN 2747 E. Courtney St Owner Gilbert, AZ 85298 Direct 602.332.6332
! BBB Licensed. Bonded. tnsur€d ioc# 217154 , Fax: 480.812,8258 lkenny@martincandr.@m www.niartimaodr.com Received 9/19/2024 ROC Legal
Hannah K. Durrett, #037055 [email redacted] 1930 N. ARBOLEDA ROAD, SUITE 200 MESA, ARIZONA 85213 TELEPHONE: (480) 325-9900 FACSIMILE: (480) 325-9901 HTTPS://ARIZONABUSINESSLAWYERAZ.COM
Attorney for Respondent REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Lori Tope No. 2024-05836 COMPLAINANT, vs. WRITTEN ANSWER TO CITATION AND COMPLAINT 1930 N. ARBOLEDA ROAD, SUITE 200
Martin Construction & Remodeling LLC, License No. ROC 217154 MESA, AZ 85213
RESPONDENT. Martin Construction & Remodeling, LLC (the “Respondent” or “Martin”) hereby answers the Citation and Complaint. Any factual allegation in the Citation or Complaint that Martin does not expressly admit is denied. The Registrar should dismiss the Complaint because it was filed over two years after Tope terminated her contract with Martin. If the Registrar does not dismiss the Complaint based on the statute of limitations, the Registrar should nonetheless dismiss the Complaint because Martin completed all of the services Tope has asked Martin to complete, and Tope has not suffered any harm as a result of any actions or inaction by Martin. A. The Registrar should dismiss Tope’s Complaint because it was filed after the statute of limitations expired The legitimate purposes of statutes of limitations are threefold: (1) to protect defendants from stale claims, see Brooks v. Southern Pacific Co., 105 Ariz. 442, 444, 466
Received 9/19/2024 ROC Legal
P.2d 736, 738 (1970) (pursuit of a claim after an unreasonable amount of time may be
thwarted when evidence may have been lost or witnesses' memories have faded); (2) to
protect defendants from insecurity—economic, psychological, or both, Comment,
Developments in the Law: Statutes of Limitations, 63 HARV.L.REV. 1177, 1185 (1950)
(“there comes a time when he ought to be secure in his reasonable expectation that the slate
has been wiped clean of ancient obligations”); and (3) to protect courts from the burden of
stale claims. Chase Securities Corp. v. Donaldson, 325 U.S. 304, 314, 65 S.Ct. 1137, 1142,
89 L.Ed. 1628 (1945). Porter v. Spader, 225 Ariz. 424, 427, 239 P.3d 743, 746 (Ct. App.
2010).
Pursuant to A.R.S. § 32-1162 (A)(2), Tope was required to file her Complaint “within
two years after the completion of the specific project.” As explained in more detail in the next
section, Martin completed all of the services Tope asked Martin to complete on or before 1930 N. ARBOLEDA ROAD, SUITE 200
March 31, 2022. However, Tope did not file her Complaint until May 17, 2024, over two MESA, AZ 85213
years later. The purpose of statute of limitations is to compel actions to be brought within a
reasonable period of time. Pina v. Watson, 115 Ariz. 227, 230, 564 P.2d 916, 919 (Ct. App.
1977). Because Tope waited over two years after she last allowed Martin to perform services
at her property to file her Complaint, she has allowed evidence to potentially be lost, and
witnesses’ memories to fade. The Registrar should dismiss Tope’s Complaint because it was
untimely filed.
If the Registrar does not dismiss Tope’s Complaint, it, nonetheless, should not
consider any allegations concerning services which were performed by Martin prior to May
17, 2022 because those services are outside of the statute of limitations.
B. Martin completed all of the services Tope asked it to complete
In 2021, Tope hired Martin to perform a variety of services including, but not limited
to: renovating her kitchen, bathroom, bedroom; replacing her flooring, and painting her home.
However, after Martin finished approximately two-thirds of the project, Tope terminated their
contract. On or about March 31, 2022, Tope told Kenny Martin (“Kenny”) that Martin was no
longer authorized to enter her property or complete any work at the property. On or about the
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same day, Tope removed the key Martin used to access Tope’s property from Martin’s
lockbox. Kenny tried to get a hold of Tope in April 2022 to continue working at her property.
She eventually agreed to meet with him on April 22, 2022. However, Tope continued to
refuse to allow Martin to continue working at her property. On December 6, 2022, Tope sent
Martin a letter requesting a full refund. On January 10, 2023, Martin responded to Tope’s
letter, and reminded Tope she terminated their agreement. Tope did not deny the allegation.
To date, Tope has not asked Martin to complete additional work at her property. In fact, in
July 2024, Tope informed the investigator, Jack Grimm, that she would not allow Martin to
perform any work at her property. The Registrar should dismiss the Complaint because
Martin has completed any and all services Tope has allowed or will allow Martin to perform.
C. Tope has not suffered any harm from any action or inaction by Martin
The purpose of the A.R.S. § 32-1151, et al. is to regulate the conduct of contracting 1930 N. ARBOLEDA ROAD, SUITE 200
and protect the public from unscrupulous acts. Beazer Homes Arizona, Inc. v. Goldwater, 196 MESA, AZ 85213
Ariz. 98, 101, 993 P.2d 1062, 1065 (Ct. App. 1999), as corrected (May 6, 1999). That
purpose would not be served if the Registrar suspended or revoked Martin’s license because
neither Tope or the Registrar has identified any harm suffered by Tope as a result of any
action or inaction by Martin. Tope and the Registrar have not identified any work performed
by Martin which was not performed correctly. Tope has only paid Martin money which he is
entitled to keep under Arizona law. The only harm Tope has suffered—that her property is
not fully renovated—is a direct and proximate result of her own decision to terminate her
contract with Martin, and her decision not to hire anyone else to perform the services she will
not allow Martin to perform. The Registrar should dismiss Tope’s Complaint, because it
would not serve the purpose of A.R.S. § 32-1151, et al. to suspend or revoke Martin’s license
when Martin is not the direct or proximate cause of any harm Tope has suffered.
D. Conclusion
For the foregoing reasons, the Registrar should dismiss the Complaint.
..//..
Received 9/19/2024 ROC Legal
RESPECTFULLY SUBMITTED this 19th day of September, 2024.
DENTON PETERSON DUNN, PLLC /s/ Hannah K. Durrett Hannah K. Durrett 1930 N. Arboleda Road, Suite 200 Mesa, AZ 85213 Attorney for Respondent COPY of the foregoing emailed and mailed this 19th day of September, 2024 to: P.O. Box 18244 Phoenix, Arizona 85005-8244 [email redacted] /s/ Rosa Clemente 1930 N. ARBOLEDA ROAD, SUITE 200
MESA, AZ 85213
Received 9/19/24, 4:19 PM State of Arizona Mail - Tope v. Martin Construction No. 2024-05836 - Answer to Citation and Complaint 9/19/2024 ROC Legal
Answers - AZROC <[email redacted]>
Tope v. Martin Construction No. 2024-05836 - Answer to Citation and Complaint message
Rosa Clemente <[email redacted]> Thu, Sep 19, 2024 at 3:28 PM To: "[email redacted]" <[email redacted]> Cc: Hannah Durrett <[email redacted]>
Good Afternoon,
Please see respondent’s written answer to citation and complaint attached. A copy will be placed in today’s mail.
If you have any questions, please contact our office.
Regards,
Rosa Clemente Legal Assistant
1930 N. Arboleda, Suite 200 | Mesa, Arizona 85213
Phone: (480) 325-9900 | Fax: (480) 325-9901
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2024-09-19 Response to Citation.pdf 236K
https://mail.google.com/mail/b/AEoRXRSXT-2NSDsuyK9kWICoE3KEnfYDLNGlHYoDj4_7rnvcPwWF/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Lori Tope, Case No. 2024-05836 COMPLAINANT, v. Martin Construction & Remodeling LLC, ORDER DENYING RESPONDENT’S License No. ROC 217154, REQUEST TO DISMISS COMPLAINT RESPONDENT. BACKGROUND On September 5, 2024, the Registrar issued a citation against Respondent’s License No.
ROC 217154. Respondent filed its Answer on September 19, 2024. The Answer included a
request to dismiss the complaint. On October 2, 2024, Complainant filed a response to the
request to dismiss.
ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues
underlying the Citation and Complaint are best suited for presentation before the Office of
Administrative Hearings. Respondent is free to raise the arguments and defenses presented in
its request to dismiss before the administrative law judge.
A Notice of Hearing will be issued in due course.
Dated November 7, 2024. By: /s/ Chance Peterson Chance Peterson General Counsel Legal Department Arizona Registrar of Contractors
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail November 7, 2024 to: Respondent Martin Construction & Remodeling LLC 2747 E. Courtney St. Gilbert, AZ 85298 Respondent’s Attorney Hannah K. Durrett, Esq. Denton Peterson Dunn Attorney & Counsel At Law 1930 N. Arboleda Rd., Ste. 200 Mesa, AZ 85213 Complainant Lori Tope PO Box 1344 Scottsdale, AZ 85252
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. 2024-05836/
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Jobsite Inspection Notes
Case No.: 2024-05836 Investigator: Jack Grimm Inspection Date: Wednesday, July 10, 2024 Inspection Time: 10:00 AM
Jobsite Address: 4121 E Turney Avenue Phoenix, 85018
Complainant: Lori Tope Respondent: Martin Construction Not Present: & Remodeling LLC Not Present:
Jobsite General Notes: Present for Martin Construction & Remodeling LLC was owner Kenny Martin. Also present was with Martin was Mario Noriega. Present with the complaint was Jack Badame and Dale Shantz friends of the family.
Complaint Item #1: Abandonment, Failure duty to perform. Received ½ of the money before work started. Received another payment of $15,000 to be deposited directly into his bank account, never came back. Investigators Observation: This project has an Estimate/Proposal dated 8-9-21 including but not limited to work for demo, structure work, electrical, plumbing, drywall repairs, new interior doors, trim, kitchen and vanity cabinets, vanity and kitchen tops, paint, installation of fixtures and flooring. Most of this work appears incomplete in different stages or not started yet. Respondent has not been on site working for almost 2 years and has collected most of the funds. Respondent has performed work regarding structure alterations, plumbing and electrical. This work requires a local building code jurisdiction permit and any required inspections. No permit is in place and it is always the responsibility of the licensed contractor to verify a permit is in place prior to performing any work that requires a permit. Martin Construction & Remodeling LLC has a current and active CR-61 Carpentry, remodeling and repairs license for project $50,000 and less. Work related to electrical, plumbing and HVAC must be subcontracted to appropriately licensed contractors. Property owner can ask to verify those subcontractors are appropriately licensed.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
*Obtain the required permits from local code enforcement jurisdiction and obtain all required inspections and approvals. Complete project per estimate/proposal and any approved change orders, approved by both parties. Governing Rule: 32-1154(A)(1) Abandonment - Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. 32-1154(A)(3) Poor or incomplete work – A contractor shall perform all work in a professional and workmanlike manner. 32-1154(A)(2)(b) Building code – Departure from or disregard of a building code. 32-1154(A)(16) Out of Scope – Knowingly contracting beyond the scope of a license.
Note: Warning letters have been issed; Miminim Elements of a Contract 32-1154(A) Failure to obtain the required code jurisdiction permits. 32-1154(A)(2) Out of Scope – Plumbing and Electrical 32-1154(A)(16) The City of Phoenix has been notified that work is being performed at this location without a code compliance permit in place.
Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Complainant: Lori Tope PO Box 1344 Scottsdale, AZ 85252
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: Martin Construction & Remodeling LLC 2747 E Courtney St 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 July 17, 2024
License No. ROC 217154
Re:Complaint No. 2024-05836
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, August 21, 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: Abandonment, Failure duty to perform. Received ½ of the money before work started. Received another payment of $15,000 to be deposited directly into his bank account, never came back. Investigators Observation: This project has an Estimate/Proposal dated 8-9-21 including but not limited to work for demo, structure work, electrical, plumbing, drywall repairs, new interior doors, trim, kitchen and vanity cabinets, vanity and kitchen tops, paint, installation of fixtures and flooring. Most of this work appears incomplete in different stages or not started yet. Respondent has not been on site working for almost 2 years and has collected most of the funds. Respondent has performed work regarding structure alterations, plumbing and electrical. This work requires a local building code jurisdiction permit and any required inspections. No 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 permit is in place and it is always the responsibility of the licensed contractor to verify a permit is in place prior to performing any work that requires a permit. Martin Construction & Remodeling LLC has a current and active CR-61 Carpentry, remodeling and repairs license for project $50,000 and less. Work related to electrical, plumbing and HVAC must be subcontracted to appropriately licensed contractors. Property owner can ask to verify those subcontractors are appropriately licensed. *Obtain the required permits from local code enforcement jurisdiction and obtain all required inspections and approvals. Complete project per estimate/proposal and any approved change orders, approved by both parties. Governing Rule: 32-1154(A)(1) Abandonment - Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. 32-1154(A)(3) Poor or incomplete work – A contractor shall perform all work in a professional and workmanlike manner. 32-1154(A)(2)(b) Building code – Departure from or disregard of a building code. 32-1154(A)(16) Out of Scope – Knowingly contracting beyond the scope of a license.
Note: Warning letters have been issued; Minimum Elements of a Contract 32-1154(A) Failure to obtain the required code jurisdiction permits. 32-1154(A)(2) Out of Scope – Plumbing and Electrical 32-1154(A)(16) The City of Phoenix has been notified that work is being performed at this location without a code compliance permit in place.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 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