2024A-06194-CHC-ROC Notice of Hearing & Packet MAILED 2024-06194.pdf

2024A-06194-CHC-ROC · Registrar of Contractors · 2024-07-24

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Chris Woods , Case No. 2024-06194

COMPLAINANT, Docket No. 2024A-06194-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Grizzly Construction LLC License No. ROC 336181,

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

HEARING INFORMATION The hearing is set for:

August 29, 2024 1:00 PM 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 July 10, 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)(12) - A.R.S. § 32-1158

Charge: 3 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 July 24, 2024.

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

Copy mailed via USPS First Class mail July 24, 2024 to:

Respondent(s) Grizzly Construction LLC 1260 E Owens Show Low, AZ 85901

Complainant(s) Chris Woods 589 S Cottontail Lane Pinetop, AZ 85935

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. 2024-06194 /

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

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

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

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

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

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

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

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

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

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

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

Complainant: Chris Woods 589 S Cottontail Lane Pinetop, AZ 85935

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Grizzly Construction LLC 1260 E Owens Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 May 31, 2024

Re: Complaint No. 2024-06194

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Tuesday, June 4, 2024 at 10:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: Complainant Respondent Choose an item. Choose an item.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Chris Woods 589 S Cottontail Lane Pinetop, AZ 85935

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Grizzly Construction LLC 1260 E Owens Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 May 31, 2024

Re: Complaint No. 2024-06194

Dear Complainant and Respondent:

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

Sincerely,

Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: Complainant Respondent Choose an item. Choose an item.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complaint #2024-06194 P 1 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 2 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 3 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 4 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 5 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 6 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 7 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 8 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 9 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 10 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 11 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 12 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 13 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 14 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 15 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 16 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 17 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 18 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 19 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 20 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 21 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 22 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 23 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 24 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 25 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complaint #2024-06194 P 26 JSI 6/4/2024 @ 11:30 AM JSI PHOTOS Complainant: Chris Woods 589 S Cottontail Lane Pinetop, AZ 85935

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: Grizzly Construction LLC DBA: 1260 E Owens Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 10, 2024

License No. ROC 336181

Re:Complaint No. 2024-06194

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 Friday, June 28, 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 - Initial estimate was completion by end of 2023, multiple times communicated finished dates were not met and work completed has been minimal. Property is currently in state that it can not be used (no toilets, sinks, countertops or flooring). Investigator’s Observation: The complaint is regarding abandonment by the Respondent. The Respondent has not returned to complete the work. The Respondent has advised they will not be remaining in business. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1)

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

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 Complaint Item: 2 - A schedule of work to completion is provided with committed due date, any further delays have penalty Investigator’s Observation: This is a statement and not an allegation that implicates poor work that I can inspect and report on. Governing Rule: Not Applicable

Complaint Item: 3 - If no schedule to complete work provided would like refund of initial payment. Investigator’s Observation: This is a statement and not an allegation that implicates poor work that I can inspect and report on. Governing Rule: Not Applicable

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

Sincerely,

Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant Choose an item. Choose an item.

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

Case No.: 2024-06194 Investigator: Miles Crosby Inspection Date: Tuesday, June 4, 2024 Inspection Time: 10:30 AM

Jobsite Address: 589 S Cottontail Lane Pinetop, AZ 85935

Complainant: Chris Woods Respondent: Grizzly Construction Not Present: LLC Not Present:

Jobsite General Notes:

JSI photos taken with my Google Pixel 3a work phone JSI audio recorded with my Olympus DM-720 JSI photos and audio have been placed into the Salesforce Case folder.

The Respondent advised via email that he would not be attending the JSI and that they may be closing their business. There has been no other correspondence from the Respondent and the job remains abandoned and unfinished. The Complainant has indicated that he would like his funds returned to which he has been advised is not within the jurisdiction of the ROC. The Respondent has not indicated that they will be attempting to complete any work.

The Respondent will be issued a Written Directive requiring the work to be completed per the contract at the contracted amount, regardless to the Respondents statements. The Respondents email will be included in the case file.

Complaint Item: 1 - Initial estimate was completion by end of 2023, multiple times communicated finished dates were not met and work completed has been minimal. Property is currently in state that it cannot be used (no toilets, sinks, countertops or flooring). Investigator’s Observation: The complaint is regarding abandonment by the Respondent. The Respondent has not returned to complete the work. The Respondent has advised they will not be remaining in business. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

A.R.S. § 32-1154(A)(1)

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 2 - A schedule of work to completion is provided with committed due date, any further delays have penalty. Investigator’s Observation: This is a statement and not an allegation that implicates poor work that I can inspect and report on. Governing Rule: Not Applicable

Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 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 C011 12/23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Chris Woods, Case No. 2024-06194 COMPLAINANT, v. Grizzly Construction LLC CITATION License No. ROC 336181,

RESPONDENT.

The Registrar issues this Citation to Grizzly Construction LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 25, 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 31, 2024, Chris Woods (“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 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158. Charge :3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-06194. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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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 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 July 25, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). 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

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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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated July 10, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 10, 2024 to:

Respondent Certified Mail No: [number redacted]

Grizzly Construction LLC 1260 E Owens Show Low, AZ 85901 Copy mailed by USPS First Class mail this same date to:

Respondent Grizzly Construction LLC 1260 E Owens Show Low, AZ 85901 Complainant Chris Woods 589 S Cottontail Lane Pinetop, AZ 85935

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. 2024-06194

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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 Signed contract 16-Aug-2023

Paid Initial Payment 1 $17,643.41 17-Aug-2023

Correspondence History with Adam and Sherry Waite

As of 30-May only work completed on job was tear out old ooring, countertops and start to lay concrete backboard. All expected completion dates have passed multiple times. No schedule has been provided for completion and communication has not occurred even though multiple requests via text, email and by phone. At this point, without a rm commitment to nish in a reasonable amount of time, would like to recover initial payment and move onto another contractor. fi fl fi Correspondence History with Daniel Popham Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Chris Woods Mailing Address (Enter jobsite in Contract/Project section) City State Zip

12390 N Faraway Wash Trail Marana Arizona 85658 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Grizzly Construction LLC ROC 336181 Street Address City State Zip

2964 W White Mountain Blvd. #7 Lakeside Arizona 85929 Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Joseph Adam Waite;Sherry Eileen Waite Contract/Project Information Contract Date Contract Amount Amount Paid

August 16, 2023 $35,286.82 $17,643.41 Date Work Started Date Work Stopped Date Work Was Completed

October 1, 2023 February 29, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

589 S Cottontail Lane Pinetop AZ 85935 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Other I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Written All change orders were N/A This project was Residential This project involved Remodel

A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Initial estimate was completion by end of 2023, multiple times communicated finished dates were not met and work completed has been minimal. Property is currently in state that it can not be used (no toilets, sinks, countertops or flooring). Allegations Listed on Complaint:

A schedule of work to completion is provided with committed due date, any further delays have penalty

If no schedule to complete work provided would like refund of initial payment

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

Chris Woods \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Residential Construction Contract The Property that is to be contracted is located at the following address:

589 S Cotton Tail Dr. Pinetop, AZ 85935

SCOPE OF WORK The Contractor agrees to abide by and perform the work that is shown on the construction plan. The Construction plan has been written to county code and will be submitted to Navajo County for permitting:

General Contractor to: • Demo existing flooring, countertops, one shower • Install new countertops in the kitchen and bathroom vanities. • Install new tile flooring. • Move master bathroom toilet to existing shower location. • Move existing shower location to existing toilet location. • Remove all existing baseboard heaters and wiring. • Any necessary work needed to stack washer and dryer in laundry room. TERM

- This Agreement shall be effective on the date of the signing this Agreement (hereinafter referred to as the “Effective Date”) and will end when the construction services are completed. - The term of this Agreement may be extended upon the provision of written consent from both Parties. PAYMENT AND FEES

Grizzly Construction LLC completes residential construction projects on a draw system, throughout the duration of the project, payment of each draw will be due as follows:

Payment #1: Due Upon Bid Acceptance $17,643.41 Countertop Material Tile Material

Payment #2: Due upon completion of: $8,821.70 Demo complete Hall/Bed 1/Bed 2 tile flooring

Payment #3: Due upon completion $8,821.71

- Material pricing is subject to change and will result in a change order/invoice to the client.

DRAW AND COMPLETION OF PHASES -Payment #1 to be due at time of bid acceptance. -Payment #2 to be due at half completion. -Payment #3 to be due at final completion. PERMITS AND LICENSES - Completed by the client and will be verified by the General Contractor.

USAGE OF MATERIALS AND LABOR

- The Parties agree that it is the Contractor’s responsibility to purchase/order appropriate materials needed to complete the construction as per the Agreement except as specified in the scope of work.

- The Parties further agree that the materials used for the construction are to be brand new.

ADDITIONAL RESPONSIBILITIES OF THE CONSTRUCTOR

The Contractor agrees to the following:

1. To supervise, manage and complete all the construction services as per this Agreement.

2. To provide a guarantee to the Client that the work commenced will be in accordance with the documents of this Agreement. 3. To maintain the property, keep it clean, and to safely dispose of hazardous materials and waste.

LEINS

- Subcontractors and suppliers may issue mechanics pre-pein notices as part of partial payments and business credit accounts. This is a standard practice. Mechanics pre-liens and liens are immediately released upon payment for services and/or materials. Grizzly Construction requires a signed lien release at completion of services and issue of payment to all subcontractors and suppliers.

INSURANCE

Grizzly Construction maintains all licensing required by the State of Arizona Registrar of Contractors licensing, insurance, and bond.

- Arizona Registrar of Contractors License Number: 336181

- Arizona Registrar of Contractors Bond Number: [number redacted]

- Business Liability Insurance Policy Number (Acord): NXTRLT7VT9-00-GL

INDEMNIFICATION

- The Constructor agrees to hold harmless as well as indemnify its personnel, employees and others against all liabilities, expenses, claims or other.

- The Constructor further agrees to be held responsible for providing a defense against the aforementioned liability, claims and/or demands, if any.

AMENDMENTS - The Parties agree that any amendments made to this Agreement must be in writing where they must be signed by both Parties to this Agreement. As such, any amendments made by the Parties will be applied to this Agreement.

ASSIGNMENT

- The Parties hereby agree that all assignments to sub-contractors will be licensed, bonded, and insured as specified by the Arizona Registrar of Contractors for the scope of work.

ENTIRE AGREEMENT

- This Agreement contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

TERMINATION This Agreement may be terminated in case the following occurs:

• Immediately in case one of the Parties breaches this Agreement or one of the conditionsset forth in this Agreement and does not amend them within a period of days.

• This Agreement will automatically be terminated when both Parties complete their obligations.

SEVERABILITY

- In an event where any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain to be enforced in accordance with the Parties’ intention. SIGNATURE AND DATE

- The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout by their signatures below:

CONTRACTOR CLIENT

Name: Name: Chris Woods Signature: Signature: Date: Date: 08/16/2023 INVOICE

Grizzly Construction LLC [email redacted] 1260 Owens +1 (480) 498-1149 Show Low, AZ 85901

Chris Woods Bill to Chris Woods

Invoice details Invoice no.: 1060 Terms: Net 15 Invoice date: 08/16/2023 Due date: 08/31/2023

Product or service Amount

1. Services 1 unit × $17,643.41 $17,643.41 Service date: 08/16/2023 Job 1064 50% Scheduling Deposit

Total $17,643.41 Ways to pay

Pay invoice Proposal Reference: Q1064

home remodel

589 S Cotton Tail Dr Pinetop-Lakeside Arizona 85935 Aug 04 2023

Dear Chris Woods,

Thank you for the opportunity to provide a quotation for your project.

Please feel free to call us if you have any questions or matters you would like to discuss as you review the quote. This quote is based on the plans and documents provided and represent a ballpark figure only. If you would like to proceed with this quote, we will send you a final estimate/invoice. We do require a 50% deposit to schedule the project. We accept payment by check,Visa, MasterCard and Discover or Venmo. You will also receive a contract outlining the work and the timeline. We look forward to hearing from you soon.

Kind Regards, Grizzly Construction LLC ROC 336181

Quoted Items

Quoted items represents a break down of the quote for your project. If you have any questions about any item, please feel free to contact us.

Preliminary Items $1,012.50

Ref Description Price (Incl. Tax)

1.1 furniture manipulation and small item removal $675.00

1.2 furniture and flooring protection $337.50

Materials $15,576.82

Ref Description Price (Incl. Tax)

2.1 600 sq. ft atlas Concorde element ivory porcelain tile $7,306.88

2.2 15 sq. ft. atlas concord element earth porcelain $219.21 tile(shower)

2.3 hardi backer board $876.83

2.4 thinset mortar $327.35

2.5 grout $87.68

2.6 sealer $124.22

2.7 misc. (sponges etc.) $58.46

2.8 new Lapidus granite countertops for kitchen and both $5,845.50 bathroom vanities

2.9 new kitchen sink(allowance) $730.69

Labor $13,365.00

Ref Description Price (Incl. Tax)

3.1 demo existing flooring(including removal) $1,080.00

3.2 demo existing countertops(including removal) $1,215.00

3.3 demo existing shower and repair walls $405.00

3.4 install approx. 600 sq ft of new backers board and tile $6,480.00 (including base remove and reset)

3.5 install new granite countertops in kitchen, bathrooms $1,755.00

3.6 new master shower build $2,430.00

plumbing $3,645.00

Ref Description Price (Incl. Tax)

4.1 all plumbing to include moving master toilet, installing new $3,645.00 shower plumbing, and re routing laundry plumbing

electrical $1,350.00

Ref Description Price (Incl. Tax)

5.1 removal of any electrical necessary in master bathroom $1,350.00 and all base heaters and wiring

Site Clean-up $337.50

Ref Description Price (Incl. Tax)

6.1 final site clean up and debris removal $337.50

Quote Summary

Quoted items represents a break down of the quote of your project.If you have any questions about any item, please feel free to contact us.

Sub Total: $34,099.65

Tax: $1,187.17

Incl. Tax: $35,286.82

Terms & Conditions

This Quote is valid for 30 days

This quotation is valid for 30 days from the date of delivery. Please note that this is an estimate only. Pricing is subject to the results of the Soils Test, Contour Survey, 6 Star Energy Rating, Foundation Design, and BAL Assessment.

Contact Details Grizzly Construction LLC 480 498 1149 [email redacted] United States

Payment receipt

You paid $17,643.41 to Grizzly Construction LLC on August 17, 2023

Invoice no. 1060 Invoice amount $17,643.41 Total $17,643.41

Status Paid Payment method PayPal Authorization ID 19XYF6V167898976

Thank you

Grizzly Construction LLC [number redacted]

[email redacted] 1260 Owens, Show Low, AZ 85901

Payment services brought by: For more information about Intuit Intuit Payments Inc. Payments’ money transmission licenses, 2700 Coast Avenue, Mountain View, CA please visit 94043 https://www.intuit.com/legal/licenses/payment- Phone number 1-888-536-4801 licenses/. NMLS 7/16/24, 12:08 PM State of Arizona Mail - Written answer to citation and complaint case# 2024-06194

Answers - AZROC <[email redacted]>

Written answer to citation and complaint case# 2024-06194 message

Adam Waite <[email redacted]> Tue, Jul 16, 2024 at 10:39 AM To: "[email redacted]" <[email redacted]>

I am writing in response to the complaint filed by chris woods. Grizzly construction is being forced to close down and file for bankruptcy. Chris woods has already filed against our bond which is more than enough to cover what is owed back to him which is roughly 4,000$. I do not know why he is filing this complaint as well as he has already found a new contractor to complete his project. Grizzly construction has been inundated with a financial dispute with a customer by the name of ken knickerbocker, lauren adams(formerly knickerbocker) and noah adams who have refused to pay us for work requested to be done by them, as well as damaged our relationships with subcontractors and thus forcing our bankruptcy. There is another customer who is owed money back on their project who I believe has already filed a complaint by the name of mike friske. If any of our customers deserve to be reimbursed for anything, it is him. We ask that mike friske be the recipient of recovery funds for his project over chris woods. We are no longer able to continue contracting at this time.

ADAM WAITE~OWNER

GENERAL CONTRACTOR

O-928-358-5251 C-480-823-5984

[email redacted]

2964 W. White Mountain Blvd. #7

Lakeside AZ, 85929

https://mail.google.com/mail/b/AEoRXRSYgtw0wBlsnMOKw4tvxAf3XZIsFxJFO3fuVAUAsO7aYxeI/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 6/10/24, 11:54 AM State of Arizona Mail - Question: Complaint No. 2024-06194

Miles Crosby <[email redacted]>

Question: Complaint No. 2024-06194 messages

Chris Woods <[email redacted]> Wed, Jun 5, 2024 at 10:25 AM To: [email redacted]

Inspector Crosby

After our meeting yesterday I viewed the bond information for Grizzly Construction (see below). As I understand it the following process applies if Grizzly construction doesn’t respond or comply to the directive or resulting administrative ruling:

After the ROC has issued a final order, contact the bonding company to initiate your claim. You will need to provide: - A copy of the ROC’s final order (I understand this will come after the ROC process plays out) - The bond claim form completed with all required details. (do you know where I get this and who the Bond Company is that I would need to submit it to?) - Any additional documents requested by the bonding company.

Thanks in advance for helping clarify Chris

Chris Woods <[email redacted]> Thu, Jun 6, 2024 at 6:53 AM To: [email redacted]

One additional question. Do I need to reach out to the bond company so they know this complaint is active. I am concerned that since Grizzly Construction told you they were shutting down their business that they will try and recoup their bond before this complaint runs its course and I have had a chance to file a request to recover funds through the bond company.

Chris

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/7 6/10/24, 11:54 AM State of Arizona Mail - Question: Complaint No. 2024-06194

On Jun 5, 2024, at 10:25 AM, Chris Woods <[email redacted]> wrote:

Inspector Crosby

[Quoted text hidden]

Chris Woods <[email redacted]> Sun, Jun 9, 2024 at 8:08 AM To: [email redacted]

Following up to emails below.

Chris [Quoted text hidden]

Miles Crosby <[email redacted]> Mon, Jun 10, 2024 at 10:22 AM To: Chris Woods <[email redacted]>

I will be completing the Written Directive today and Job Site Inspection Notes. If you feel you need to contact the bond company please feel free to do so. It may be nice to know what they may need as this progresses.

Miles Crosby, Investigator #213 Arizona Registrar of Contractors 1700 W Washington St. Suite #105 Phoenix, AZ 85007 Cell/Text: (928) 296-2480 Work: (928) 637-0485 ROC:(602) 771-6747 [email redacted]

Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/7 6/10/24, 11:54 AM State of Arizona Mail - Question: Complaint No. 2024-06194

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

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

[Quoted text hidden]

Chris Woods <[email redacted]> Mon, Jun 10, 2024 at 10:24 AM To: Miles Crosby <[email redacted]>

Do you know who the Bond Company is? The info on the license page for the active bond just says “other”.

Thanks Chris [Quoted text hidden]

Miles Crosby <[email redacted]> Mon, Jun 10, 2024 at 10:34 AM To: Chris Woods <[email redacted]>

Search their ROC # on our website. Once it brings up their info there is a link on the right that says more info. Then scroll down to see their bond information.

Miles Crosby, Investigator #213 Arizona Registrar of Contractors 1700 W Washington St. Suite #105 Phoenix, AZ 85007 Cell/Text: (928) 296-2480 Work: (928) 637-0485 ROC:(602) 771-6747 [email redacted]

Hours: Mon.- Fri. 0800-1700

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/7 6/10/24, 11:54 AM State of Arizona Mail - Question: Complaint No. 2024-06194

The ROC is now on social media! Make sure to follow us on:

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

[Quoted text hidden]

Chris Woods <[email redacted]> Mon, Jun 10, 2024 at 10:36 AM To: Miles Crosby <[email redacted]>

See below it says other?

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 4/7 6/10/24, 11:54 AM State of Arizona Mail - Question: Complaint No. 2024-06194

Miles Crosby <[email redacted]> Mon, Jun 10, 2024 at 10:42 AM To: Chris Woods <[email redacted]>

I see it saying American Contractors Indemnity Company.

Miles Crosby, Investigator #213 Arizona Registrar of Contractors 1700 W Washington St. Suite #105 Phoenix, AZ 85007 Cell/Text: (928) 296-2480 Work: (928) 637-0485 ROC:(602) 771-6747 [email redacted]

Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

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

[Quoted text hidden]

Chris Woods <[email redacted]> Mon, Jun 10, 2024 at 10:43 AM To: Miles Crosby <[email redacted]>

I thought that one was cancelled and the one on the right was active. Am I reading it wrong?

On Jun 10, 2024, at 10:42 AM, Miles Crosby <[email redacted]> wrote: https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 5/7 6/10/24, 11:54 AM State of Arizona Mail - Question: Complaint No. 2024-06194

I see it saying American Contractors Indemnity Company.

Miles Crosby, Investigator #213 Arizona Registrar of Contractors 1700 W Washington St. Suite #105 Phoenix, AZ 85007 Cell/Text: (928) 296-2480 Work: (928) 637-0485 ROC:(602) 771-6747 [email redacted]

Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

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

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

On Mon, Jun 10, 2024 at 10:36 AM Chris Woods <[email redacted]> wrote: See below it says other?

[Quoted text hidden]

Miles Crosby <[email redacted]> Mon, Jun 10, 2024 at 10:46 AM To: Chris Woods <[email redacted]> https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 6/7 6/10/24, 11:54 AM State of Arizona Mail - Question: Complaint No. 2024-06194

It may be this company.

SureTec Insurance Company

Miles Crosby, Investigator #213 Arizona Registrar of Contractors 1700 W Washington St. Suite #105 Phoenix, AZ 85007 Cell/Text: (928) 296-2480 Work: (928) 637-0485 ROC:(602) 771-6747 [email redacted]

Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

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

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 7/7 6/10/24, 11:53 AM State of Arizona Mail - Re: Miles Crosby has shared a file "20240531 C008 Jobsite Inspection Notice 2024-06194.pdf" with you

Miles Crosby <[email redacted]>

Re: Miles Crosby has shared a file "20240531 C008 Jobsite Inspection Notice 2024-06194.pdf" with you messages

Adam Waite <[email redacted]> Tue, Jun 4, 2024 at 9:06 AM To: Miles Crosby <[email redacted]>

Miles, I’m emailing to inform I will not be able to attend today’s job site inspection due to a private family situation. We are also in discussion with our lawyer on the likely hood of us closing our business and shutting down grizzly construction permanently. He will be reaching out to debtors and clients soon. Sent from my iPhone

On May 31, 2024, at 1:40 PM, Miles Crosby <[email redacted]> wrote:

Miles has shared the following file with you:

20240531 C008 Jobsite Inspection Notice 2024-06194.pdf

Miles Crosby <[email redacted]> Tue, Jun 4, 2024 at 9:17 AM To: Adam Waite <[email redacted]>

Thank you for the update. Sorry to hear about your troubles and hope everything is ok.

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/2 6/10/24, 11:53 AM State of Arizona Mail - Re: Miles Crosby has shared a file "20240531 C008 Jobsite Inspection Notice 2024-06194.pdf" with you

Miles Crosby, Investigator #213 Arizona Registrar of Contractors

1700 W Washington St. Suite #105 Phoenix, AZ 85007 Cell/Text: (928) 296-2480 Work: (928) 637-0485 ROC:(602) 771-6747 [email redacted]

Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

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

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https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/2 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