2024A-06230-CHC-ROC Notice of Hearing & Packet MAILED 2024-06230.pdf

2024A-06230-CHC-ROC · Registrar of Contractors · 2024-12-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Shane Martin Kaysen Case No. 2024-06230 Edge General Contracting LLC, Docket No. 2024A-06230-CHC-ROC COMPLAINANT, NOTICE OF HEARING ON v. CONTESTED CASE Amy Louise Ulmer License No. ROC 329959,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 17, 2025 9:00 AM Jenna Clark 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 November 6, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(b) Charge: 2 A.R.S. § 32-1154(A)(16)

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 December 2, 2024.

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

Copy mailed via USPS First Class mail December 2, 2024 to:

Respondent(s) Amy Louise Ulmer 2182 McCulloch Blvd N Ste., 1 Lake Havasu City, AZ 86403

Respondent's Attorney Andrew J. Wenker, Esq. 6730 N Scottsdale Rd, Ste 101 Scottsdale, AZ 85253 Complainant(s) Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

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. 2024-06230 /

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

9/12/24, 5:19 PM State of Arizona Mail - -Additional TIME NEEDED: Amended Written Directive for Case 2024 - 06230

Clifford Corlett <[email redacted]>

-Additional TIME NEEDED: Amended Written Directive for Case 2024 - 06230 message

South West <[email redacted]> Thu, Sep 12, 2024 at 12:11 PM To: Clifford Corlett <[email redacted]> Cc: South West <[email redacted]>

Cliff,

Edge contracting would like us to drain the pool on 9/23, per email attached. (-refer to attachment Scan 266 below)

It is on short notice that you request the pool to be drained on Sunday. The homeowner has expressed surprise at the short notice. The pool can be drained on the 23rd. You had sufficient time to address pool cooping, tile, and provide advanced notice regarding draining the pool. Furthermore, you will be responsible for the water bill.

Thank you Edge General Contracting Adela Kaysen 928-486-5080

re: timeframe, Keep in mind we had to wait on the homeowner for size of table and for the table to be fabricated and others availability so we drain the pool once and take care of all concerned items. Table was completed yesterday and dropped off to Bamboo.

Thank you. Amy ~SWD Team

(928)505-8707 [email redacted] SWDevelopinginc.com

---------- Forwarded message --------- From: South West <[email redacted]> Date: Wed, Sep 11, 2024 at 2:34 PM Subject: -Additional TIME NEEDED: Amended Written Directive for Case 2024 - 06230 To: Clifford Corlett <[email redacted]> Cc: South West <[email redacted]>

Cliff,

Attached are pictures and an ATTACHED DOCUMENT of all items corrected per the directive and why additional time is needed.

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 1/4 9/12/24, 5:19 PM State of Arizona Mail - -Additional TIME NEEDED: Amended Written Directive for Case 2024 - 06230

ADDITIONAL TIME NEEDED: Work Schedule as Follows: POOL ITEMS ONLY Sunday, 9/15/24 Pool to be Drained 5:00pm Monday 9/16/24: Pool Table will be set as well as detail out all pool per directive Complaint Item: 19, 21, 22, 27 - Tuesday 9/17/24 - Check on the pool to be completely filled. Wednesday 9/18/24 - pool service to complete chemical balance Thursday 9/19/24 - completed

All items per directive - refer to attached photos + document Pool items - schedule above. Attached photos of pool table top fabricated - ready for install BBQ completed - stucco Propane enclosure with gate + tank Completed.

Let me know if you need anything else at this point. Appreciate your help with the extension.

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https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 2/4 9/12/24, 5:19 PM State of Arizona Mail - -Additional TIME NEEDED: Amended Written Directive for Case 2024 - 06230

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Thank you. Amy ~SWD Team

(928)505-8707 [email redacted] SWDevelopinginc.com

Confidentiality Note: The information contained in this electronic message and any attachments transmitted herewith are confidential and for the sole use of the intended recipient. If you are not the intended recipient, you are hereby notified that any dissemination, forwarding, printing, disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by reply e-mail and permanently delete the original and any copies and printouts, including attachments thereof.

attachments

IMG_20240911_105350390_HDR~2 (1).jpg 3447K

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ROC Case No2024-06230 SouthWestDevelop. (5).pdf 88K SCAN0266.PDF 194K

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 4/4 P-01

P-02

P-03 Outdoor kitchen /grill? P-04 Fire pit

P-05 Missing pop-up

P-06 Missing table top P-07 Missing water features

P-08

P-09 Failing stucco P-10 Missing fence caps

P-11 Missing pop-up

P-12 Missing lights ? P-13 Missing table top

P-14 Missing lights

P-15 Missing pop-ups. Water featurers?

Yellow gas line in planter. (Future fire feature?) P-16 Missing pop-up

P-17 Incomplete equipment

P-18 P-19 Missing pump/ equipment.

P-20

P-21 Incomplete gas hook-up. P-22 Unusual gate installation.

P-23 Missing caps ? P-24 Propane tank ?

P-25 Gate ?

P-26 P-27

P-28

P-29 Future electrical line for planter? Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Compliance Notes Case No.: 2024-06230 Investigator: Cliff Corlett Inspection Date: Thursday, October 3, 2024 Inspection Time: 09:00 AM Respondent Not Present at Compliance Inspection: ☐ Compliance Inspection Not Conducted: ☐

Compliance Jobsite General Notes: Respondent has completed 27 of 29 compliance items. Remaining items are # 4 Pool table top. Unusual Table Top rings. # 22 Crooked pool tile and excess grout on tile.

Compliance Findings: Respondent NOT in Compliance

Complaint Item: 3 - No BBQ Island with bar top/ Investigator’s Initial Observation: BBQ island bare metal frame onsite. RESPONDENT SHOULD COMPLETE BY APPROPRIATE METHODS Compliance Observation: Respondent has completed the BBQ island. Materials used (DenseShield and BBQ grill liner) comply with the intended application. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 4 - No pool tabletops. Investigator’s Initial Observation: Confirmed. RESPONDENT SHOULD COMPLETE BY APPROPRIATE METHODS Compliance Observation: Table top installed. Stone top exhibited unusual surface ring distortions at time of onsite inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☐ CORRECTED ☒ NOT CORRECTED

Complaint Item: 5 - Fire pit not finished. 4' Fire pit. Investigator’s Initial Observation: Confirmed. Fire pit unfinished.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 RESPONDENT SHOULD COMPLETE ALL CONTRACTED WORK BY APPROPRIATE METHODS Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 6 - No gas to fire pit. Investigator’s Initial Observation: Gas line to fire pit at location. All gas appliances have not been connected, No propane tank installed. RESPONDENT SHOULD COMPLETE ALL CONTRACTED GAS WORK BY APPROPRIATE METHODS Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 7 - Broken off stucco at pool planter. Investigator’s Initial Observation: Respondent had repaired stucco prior to 6-26-24 onsite inspection. Homeowner not happy with match. Respondent agreed to do additional corrections. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 9 - No railing caps. Investigator’s Initial Observation: Metal fencing post caps missing. RESPONDENT SHOULD COMPLETE BY APPROPRIATE METHODS Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 10 - No propane tank. (Tank supposed to be buried per contract). Investigator’s Initial Observation: February 1, 2022 contract / change order calls for "Buried Propane Tank".

Complaint Item: 11 - Gate is not properly installed. Investigator’s Initial Observation: Corrected prior to onsite meeting. Gate frame was in need of cleaning off stucco residue. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS Compliance Observation: Gate installation corrected. Stucco corrected. Gate has paint overspray and masking residue. Unable to determine if these are from Respondents or from Complainants house painter. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 12 - BBQ Island bare metal to be powder coated Investigator’s Initial Observation: Parties agreed to "Primer Only" for the BBQ frame. Respondent is also to provide / install BBQ Island countertop. All other finish of BBQ Island by others. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 13 - Travertine rust stains from BBQ island bare metal. Investigator’s Initial Observation: Respondent should correct rust stains by appropriate methods Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 14 - Exposed electrical wire at BBQ island needs to be moved to under the BBQ. Investigator’s Initial Observation: The ROC understood that the Respondent ran the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 electrical wire to the BBQ location, however the Homeowner installed a non- weather proof electrical box on the BBQ frame. Respondent should ensure that this power/wire is de- energized. This wire should never be energized until the proper weatherproof box and protective conduit is installed. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 15 - Travertine piece at BBQ needs to be replaced when electrical is moved. Investigator’s Initial Observation: Respondent agreed to replace the travertine after relocating the electrical wire run. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 16 - Exposed electrical outlet at BBQ island metal frame. Investigator’s Initial Observation: The ROC understood that the Respondent ran the electrical wire to the BBQ location, however the Homeowner installed a non- weather proof electrical box on the BBQ frame. Respondent should ensure that this power/wire is de- energized. This wire should never be energized until the proper weatherproof box and protective conduit is installed. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 18 - Shims exposed under coping. Investigator’s Initial Observation: ROC confirmed exposed shims. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Complaint Item: 19 - Rough edge on coping. Investigator’s Initial Observation: ROC confirmed rough cut and chipped edges of travertine coping. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to and at the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 20 - Missing grout in areas. Investigator’s Initial Observation: ROC confirmed missing grout pool coping and planter caps. . RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 21 - Blobs of mastic / grout. Investigator’s Initial Observation: ROC confirmed blobs of grout and mastic pool coping and planter caps. . RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to and at the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 22 - Unevenly tile with grout substance on water line. (Crooked tile) Investigator’s Initial Observation: ROC confirmed crooked tile and excess grout on tile surfaces. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: There is still excess grout on tile surfaces and cooked / misaligned waterline tile. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☐ CORRECTED ☒ NOT CORRECTED

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Complaint Item: 23 - Veneer stone waterfall needs to be cutback at spa spillway. Investigator’s Initial Observation: ROC confirmed excess tile veneer at spa spillways. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 24 - Grout / mastic residue at bottom of planter caps. Investigator’s Initial Observation: ROC confirmed grout / mastic residue at bottom of planter caps. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 25 - Stucco crack left corner of pool planter. Investigator’s Initial Observation: ROC confirmed stucco cracks at planter. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 27 - Rough plaster, discolored, trowel marks. Investigator’s Initial Observation: The Workmanship Standards for Licensed Contractors states that the contractor should provide an acceptable plaster surface before substantial completion (30-days after pool is filled with water and the equipment started). At the time of substantial completion the owner should advise the contractor of any unacceptable plaster roughness, irregularities or highlighting. Trowel burns should be corrected one time within the first 90-days following substantial completion. After substantial completion the Respondent should not be responsible for plaster roughness or surface staining caused by local hard water and water chemistry. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to the compliance inspection.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 28 - Manufacturers warranties on all equipment. Investigator’s Initial Observation: Respondent should provide all instructions and warranty info for all installed equipment. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 29 - For original complaint allegation 11. Gate needs to be addressed, dash finish is falling off. Investigator’s Initial Observation: Respondent should complete gate repairs from initial Written Directive # 11. Properly clean up all stucco residue. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Note:

Please review the complaint items listed above. If any of the items have not been corrected this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Cliff Corlett, Investigator #167 (928) 323-4739 [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 C013 9/24 CC:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 September 12, 2024

Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

Re: Complaint No. 2024-06230

To all parties:

Recent emails and photos received by the ROC have indicated that repairs have been completed and repairs are ongoing. A request for a Written Directive extension has been received regarding time for pool repairs. The Written Directive due date is extended until September 28, 2024. Please keep this office informed of work completion so that hopefully this matter may be closed.

Enclosed you will find a copy of additional information received by this office concerning the above referenced complaint. Email and photos.

If you have any questions or comments, please feel free to contact me.

Sincerely,

Cliff Corlett, Investigator #167 (928) 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

Cc: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 2024-06230 COMPLIANCE JOBSITE INSPECTION PHOTOS. 10-3-24

CJSI-1

R cut down the tile at corners of spa spillway

CJSI-2 CJSI-3

R cut down the tile at corners of spa spillway

CJSI-4 CJSI-5

Pool top installed. Unusual discoloration of top.

CJSI-6 CJSI-7

Area of worst “trowel burn”, Corrected prior to CJSI.

CJSI-8 CJSI-9

CJSI-10

Factory glue on stack stone. Cleaned off at CJSI inspection. Excess grout crooked tile

CJSI-11

CJSI-12 Crooked tile

CJSI-13

CJSI-14

Calcium / Alkali build up. Not Respondents responsibility CJSI-15

CJSI-16 CJSI-17

Alkali build up

CJSI-18 CJSI-19

Stucco repair Complainant stated was acceptable.

CJSI-20

Stone countertop installed BBQ island completed. CJSI-21

Grill insulation liner correct for installation for combustible frame construction.

CJSI-22 CJSI-23

Countertop installed over steel frame and OSB sub-strata.

CJSI-24 CJSI-25

DensShield applied to steel frame and stuccoed on outside.

CJSI-26 Jobsite Inspection Notes

Case No.: 2024-06230 Investigator: Cliff Corlett Inspection Date: Friday, July 19, 2024 Inspection Time: 09:00 AM

Jobsite Address: 2699 Bamboo Dr LakeHavasu City, AZ 86403

Complainant: Shane Martin Respondent: Amy Louise Ulmer Kaysen Edge General Contracting Not Present: LLC Not Present:

Jobsite General Notes: On July 8, 2024 the Registrar of Contractors issued a Written Directive on the original 11 complaint allegations submitted by Edge General Contracting LLC. (EDGE). That directive instructed the Respondent, South West Developing to properly correct 8 of the 11 issues. That Directive had a compliance due date of July 31, 2024 On July 11, 2024 (EDGE) submitted an Addendum to the complaint with 16 items. Below is an AMMENDED (combined) WRITTEN DIRECTIVE dated 8-2-24. The new directive has a new Compliance Due date of 8-25, 24.

Complaint Item: 3 - No BBQ Island with bar top/ Investigator’s Observation: BBQ island bare metal frame onsite. RESPONDENT SHOULD COMPLETE BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

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

Complaint Item: 5 - Fire pit not finished. 4' Fire pit. Investigator’s Observation: Confirmed. Fire pit unfinished. RESPONDENT SHOULD COMPLETE ALL CONTRACTED WORK BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 6 - No gas to fire pit. Investigator’s Observation: Gas line to fire pit at location. All gas appliances have not been connected, No propane tank installed. RESPONDENT SHOULD COMPLETE ALL CONTRACTED GAS WORK BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 7 - Broken off stucco at pool planter. Investigator’s Observation: Respondent had repaired stucco prior to 6-26- onsite inspection. Homeowner not happy with match. Respondent agreed to do additional corrections. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 9 - No railing caps. Investigator’s Observation: Metal fencing post caps missing. RESPONDENT SHOULD COMPLETE BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

Complaint Item: 10 - No propane tank. (Tank supposed to be buried per contract). Investigator’s Observation: February 1, 2022 contract / change order calls for "Buried Propane Tank". RESPONDENT SHOULD COMPLETE ALL CONTRACTED WORK BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 11 - Gate is not properly installed. Investigator’s Observation: Corrected prior to onsite meeting. Gate frame was in need of cleaning off stucco residue. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 12 - BBQ Island bare metal to be powder coated Investigator’s Observation: Parties agreed to "Primer Only" for the BBQ frame. Respondent is also to provide / install BBQ Island countertop. All other finish of BBQ Island by others. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 13 - Travertine rust stains from BBQ island bare metal Investigator’s Observation: Respondent should correct rust stains by appropriate methods Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 14 - Exposed electrical wire at BBQ island needs to be moved to under the BBQ. Investigator’s Observation: The ROC understood that the Respondent ran the electrical wire to the BBQ location, however the Homeowner installed a non- weather proof electrical box on the BBQ frame. Respondent should

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

ensure that this power/wire is de-energized. This wire should never be energized until the proper weatherproof box and protective conduit is installed. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 15 - Travertine piece at BBQ needs to be replaced when electrical is moved. Investigator’s Observation: Respondent agreed to replace the travertine after relocating the electrical wire run. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 16 - Exposed electrical outlet at BBQ island metal frame. Investigator’s Observation: The ROC understood that the Respondent ran the electrical wire to the BBQ location, however the Homeowner installed a non- weather proof electrical box on the BBQ frame. Respondent should ensure that this power/wire is de-energized. This wire should never be energized until the proper weatherproof box and protective conduit is installed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 18 - Shims exposed under coping. Investigator’s Observation: ROC confirmed exposed shims. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 19 - Rough edge on coping. Investigator’s Observation: ROC confirmed Rough cut and chipped edges of travertine coping. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complaint Item: 20 - Missing grout in areas. Investigator’s Observation: ROC confirmed missing grout pool coping and planter caps. . RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 21 - Blobs of mastic / grout. Investigator’s Observation: ROC confirmed blobs of grout and mastic pool coping and planter caps. . RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 22 - Unevenly tile with grout substance on water line. (Crooked tile) Investigator’s Observation: ROC confirmed crooked tile and excess grout on tile surfaces. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 23 - Veneer stone waterfall needs to be cutback at spa spillway. Investigator’s Observation: ROC confirmed excess tile veneer at spa spillways. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

Complaint Item: 24 - Grout / mastic residue at bottom of planter caps. Investigator’s Observation: ROC confirmed grout / mastic residue at bottom of planter caps. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 25 - Stucco crack left corner of pool planter. Investigator’s Observation: ROC confirmed stucco cracks at planter. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 27 - Rough plaster, discolored, trowel marks. Investigator’s Observation: The Workmanship Standards for Licensed Contractors states that the contractor should provide an acceptable plaster surface before substantial completion (30-days after pool is filled with water and the equipment started). At the time of substantial completion the owner should advise the contractor of any unacceptable plaster roughness, irregularities or highlighting. Trowel burns should be corrected one time within the first 90-days following substantial completion. After substantial completion the Respondent should not be responsible for plaster roughness or surface staining caused by local hard water and water chemistry. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 28 - Manufacturers warranties on all equipment. Investigator’s Observation: Respondent should provide all instructions and warranty info for all installed equipment. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

Complaint Item: 29 - For original complaint allegation 11. Gate needs to be addressed, dash finish is falling off. Investigator’s Observation: Respondent should complete gate repairs from initial Written Directive # 11. Properly clean up all stucco residue. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

===================================================

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 1 - No pool light, Investigator’s Observation: Pool lights installed and working at 6-26-24 Jobsite meeting. NO CONTRACTOR ACTION REQUIRED. Governing Rule: Not Applicable

Complaint Item: 2 - No blue square pop ups. Investigator’s Observation: Complainant stated that Respondent failed to install pop-ups in the main floor of the pool and the ramp /shelf areas. No plans or specifications provided to support the allegation the Respondent was to install a total floor cleaning system. NO CONTRACTOR ACTION REQUIRED. Governing Rule: Not Applicable

Complaint Item: 8 - Missing accessories and pump. Investigator’s Observation: Pump installed prior to 6-26-24 onsite inspection. There is plumbing, electrical and gas for possible future "features in raised planter. There is insufficient evidence to support allegation Respondent was to install any water or fire features in the raised planter area. NO CONTRACTOR ACTION REQUIRED. Governing Rule: Not Applicable

Complaint Item: 17 - Pool stools as per engineered city approved plans. Investigator’s Observation: Cannot hold Respondent, S W DEVELOPING solely responsible for In-Floor Pop-Up System, Pool Stools and Pool Table Top. (And buried propane tank.) See explanation below. Governing Rule: Not Applicable

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

Complaint Item: 26 - Missing pool cleaning components, the whole assembly. Investigator’s Observation: S W DEVELOPING installed a partial in-floor pool cleaning system. EDGE claims this should have been an entire pool system. There was insufficient evidence to support the allegation regarding the extent of the in-floor cleaning system.

Cannot hold Respondent, S W DEVELOPING solely responsible for In-Floor Pop-Up System, Pool Stools and Pool Table Top. (And buried propane tank.) See explanation below. Governing Rule: Not Applicable

Investigator’s Observation: UNUSUAL ISSUES WITH THIS CASE: The Complaining Party (Edge General Contracting LLC) (324822) (EDGE) is the Prime General Contractor for this project, EDGE holds a KB-2 General Contracting license. EDGE does not hold a B-5 General Swimming Pool contractor’s license and cannot physically build swimming pools. EDGE hired “sub-contractor” to build the pool. EDGE hired Amy Louise Ulmer DBA: Southwest Developing. (329959) (S W DEVELOPING). S W DEVELOPING also holds a KB-2 license. S W DEVELOPING does not hold a B-5 General Swimming Pool license. S W DEVELOPING was contracting “Out- of-Scope” constructing this pool. There are three (3) major disputed issues with this pool build between the “PRIME” contractor EDGE, and the “SUB-CONTRACTOR”, S W DEVELOPING. 1. Four (4) stools in pool not installed. In their place is a bench seat, a ramp and two (2) pedestal bases for an in-pool table. (Table top not installed) Item four (4) on initial complaint allegation. 2. Partial in-floor pop-up cleaning system. (EDGE) Prime contractor alleges this should be entire pool /spa system. 3. “Buried propane tank”. S W DEVELOPING constructed a separate masonry enclosure at the front of the property to locate a propane tank. All of these constructions phases took time and building department inspections. The partial in-floor cleaning system, the missing stools, the bench seat and ramp, the pool table pedestal legs and the masonry tank enclosure would have all been apparent changes from the project configuration that the Prime contractor (EDGE) is alleging that S W DEVELOPING has deviated from. As the PRIME contractor (EDGE) has the responsibility to ensure all phases of this build are to plans and contract.

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: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

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: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 June 20, 2024

Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

Re: Complaint No. 2024-06230

Dear Complainant and Respondent:

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

 A jobsite inspection is scheduled for Wed , June 26, 2024 at 09:30 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.

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: 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.

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,

Cliff Corlett, Investigator #167 (928) 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

Cc: File

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.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 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 ROC-1

ROC-2 BBQ/kitchen frame

ROC-3 ROC-4. Fire ring.

Needs fill/rocks and fire ring.

ROC-5

Failing plaster / 6-7-24 ROC-6

Repaired at 6/26/24 JSI.

ROC-7

6/7/24 missing pop-up heads ROC-8

6/26/24 JSI--- Pop-up installed.

ROC-9

No pop-up heads on ramp / shelf or main floor of pool. ROC-10

No pop-ups, main body of the pool.

ROC-11 ROC-12

Baja shelf 6-7-24. Missing pop-up heads.

ROC-13

6-26-24 pop-ups installed. ROC-14

Plaster “staining”

ROC-15

Plaster splotchy ROC-16

Pool table legs. Granite top missing.

ROC-17 ROC-18

Raised planter with stub outs for future electric, gas and water features.

ROC-19

Pool heater not hooked to gas line ROC-20

ROC-21

Hook up for future water features. Pump was installed at 6/26/24 onsite meeting. ROC-22 This “unusual” gate installation was corrected at 6/26/24 JSI.

ROC-23

Area outside main wall for propane tank. Contract calls for “Buried” tank. ROC-24

Steps to propane tank area. Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 August 27, 2024

Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

Re: Complaint No. 2024-06230

To all parties: The Respondent has sent in several photos of work progressing. Respondent has also requested a compliance date extension.

The new Compliance due date is September 13, 2024

If you have any questions or comments, please feel free to contact me.

Sincerely,

Cliff Corlett, Investigator #167 (928) 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

Cc: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

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

C012 12/23 Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

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

C012 12/23 September 19, 2024

Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-06230

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Thursday, October 3, 2024 at 09:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Cliff Corlett, Investigator #167 (928) 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: file

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

C012 12/23 Jobsite Inspection Notes

Case No.: 2024-06230 Investigator: Cliff Corlett Inspection Date: Wednesday, June 26, 2024 Inspection Time: 09:30 AM

Jobsite Address: 2699 Bamboo Dr LakeHavasu City, AZ 86403

Complainant: Shane Martin Respondent: Amy Louise Ulmer Kaysen Edge General Contracting Not Present: LLC Not Present:

Jobsite General Notes:

Complaint Item: 4 - No pool tabletops. Investigator’s Observation: Confirmed. RESPONDENT SHOULD COMPLETE BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 5 - Fire pit not finished. 4' Fire pit. Investigator’s Observation: Confirmed. Fire pit unfinished. RESPONDENT SHOULD COMPLETE ALL CONTRACTED WORK BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

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

Complaint Item: 11 - Gate is not properly installed. Investigator’s Observation: Corrected prior to onsite meeting. Gate frame was in need of cleaning off stucco residue. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

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

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 1 - No pool light, Investigator’s Observation: Pool lights installed and working at 6-26-24 Jobsite meeting. NO CONTRACTOR ACTION REQUIRED. Governing Rule: Not Applicable

Complaint Item: 2 - No blue square pop ups. Investigator’s Observation: Pop-ups installed and working at 6-26-24 Jobsite meeting. NO CONTRACTOR ACTION REQUIRED. Complainant stated that Respondent failed to install pop-ups in the main floor of the pool and the ramp /shelf areas. No plans or specifications provided to support the allegation Respondent was to install a total floor cleaning system. NO CONTRACTOR ACTION REQUIRED. Governing Rule: Not Applicable

Cliff Corlett, Investigator #167 (928) 323-4739 [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: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 July 15, 2024

Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

Re: Complaint No. 2024-06230

Dear Complainant and Respondent:

After the initial filing of the complaint 2024-06230, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled Friday, July 19, 2024 at 09:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended 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.

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,

Cliff Corlett, Investigator #167 (928) 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

Cc: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

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: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

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 8, 2024

Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

License No. ROC 329959

Re:Complaint No. 2024-06230

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 or before July 31, 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.

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

Complaint Item: 3 - No BBQ Island with bar top. Investigator’s Observation: BBQ island bare metal frame onsite. RESPONDENT SHOULD COMPLETE BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 7 - Broken off stucco at pool planter. Investigator’s Observation: Respondent had repaired stucco prior to 6-26-24 onsite inspection. Homeowner not happy with match. Respondent agreed to do additional corrections. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: 10 - No propane tank. (Tank supposed to be buried per contract). Investigator’s Observation: February 1, 2022 contract / change order calls for "Buried Propane Tank". RESPONDENT SHOULD COMPLETE ALL CONTRACTED WORK BY APPROPRIATE METHODS Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

===============================================================

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Complaint Item: 1 - No pool light. Investigator’s Observation: Pool lights installed and working at 6-26-24 Jobsite meeting. NO CONTRACTOR ACTION REQUIRED. Governing Rule: Not Applicable

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Cliff Corlett, Investigator #167 (928) 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: file

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 11/5/24, 12:57 PM Received Legal State of Arizona Mail - Complaint No. 2024-06230 / Southwest Developing adv. Edge General Contracting, LLC - Request to Dismi…

11/04/2024 Legal New Mail - AZROC <[email redacted]>

Complaint No. 2024-06230 / Southwest Developing adv. Edge General Contracting, LLC - Request to Dismiss Complaint message

Jennifer Fortner <[email redacted]> Mon, Nov 4, 2024 at 12:18 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Andrew Wenker <[email redacted]>, Christian Lestinsky <[email redacted]>, "[email redacted]" <[email redacted]>

Good afternoon –

Please see the attached Request to Dismiss Complaint, or alternatively, set a follow-up compliance inspection from Christian Lestinsky on behalf of Respondent Southwest Developing in the above- referenced matter.

Thank you- Jennifer

Jennifer Fortner

Legal Assistant Direct:480‑534‑4893 (voice/text) | Website |vCard 6730 N. Scottsdale Rd., Suite 101 | Scottsdale, AZ 85253 480‑534‑4900 NOTICE: This message and its attachments are confidential and may be attorney-client privileged. They are protected by law. If you are not the intended recipient, please destroy the message in both electronic and paper form and notify Lang Thal King & Hanson at 480-534-4900 or by email to the sender. Thank you.

Southwest Developing - Request to Dismiss Complaint.pdf 1912K

https://mail.google.com/mail/b/AEoRXRS5HuE5NuQO6WNvOrjWJQ48I2Rt-R0csg3FBmH0oY7FWGor/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/1 Received Legal 11/04/2024 Christian T. Lestinsky (480) 534-4887 [email redacted]

November 4, 2024

Via email only

Compliance Department Legal Department Arizona Registrar of Contractors Arizona Registrar of Contractors 1700 W. Washington St., #105 1700 W. Washington St., #105 Phoenix, AZ 85007 Phoenix, AZ 85007 [email redacted] [email redacted]

Re: Southwest Developing adv. Edge General Contracting, LLC (ROC Complaint No. 2024-06230)

Request to dismiss Complaint, or alternatively, set a follow-up compliance inspection

To the Registrar’s Compliance Department and Legal Department:

Our firm represents Southwest Developing in connection with this matter. Please direct all future communication regarding this matter to me. I am writing to both departments today because a Citation has not been issued. The purpose of this letter is to explain that because there are no remaining workmanship issues, Southwest respectfully requests the dismissal of the Complaint. Alternatively, Southwest requests a follow-up inspection wherein it can show the same to the investigator.

Pursuant to the compliance notes attached hereto as Exhibit 1, the investigator found: “Compliance Jobsite General Notes: Respondent has completed 27 of 29 compliance items. Remaining items are # 4 Pool table top. Unusual Table Top rings. # 22 Crooked pool tile and excess grout on tile.” However, neither are outstanding workmanship issues.

First, as for the rings, the issue was not mentioned in either the initial Directive issued July 8, 2024, or the Directive with an Addendum issued August 2, 2024. The Directives are attached hereto as Exhibit 2 and Exhibit 3 respectively.

The rings were mentioned for the first time in the Compliance Notes written October 3, 2024 (and sent to Southwest on October 24, 2024). However, the rings are a normal part of the curing and drying process, and they will soon dissipate completely. The rings are therefore not a workmanship issue.

Second, the “excess grout” is merely alkaline buildup along the pool’s waterline. This is a maintenance issue, not workmanship, and is therefore not a violation of any applicable rule.

Lang Thal King & Hanson PC • 6730 N. Scottsdale Rd., Suite 101 • Scottsdale, Arizona 85253 • (480) 534-4900 Received Legal Arizona Registrar of Contractors 11/04/2024 November 4, 2024 Page 2

1. The rings on the pool tabletop are a normal part of the drying and curing process

Neither Directive mentioned rings on the pool tabletop as a workmanship issue. The rings were mentioned for the first time in the Compliance Notes issued on October 3, 2024.

The pool table itself was installed on September 24, 2024. As a result of cement bonding, rings became visible on the tabletop itself. The rings were dry at first. As the tabletop cooled, water absorbed into it. This created temporary rings.

These rings are a normal part of the drying and curing process. The rings are currently dissipating and will soon dissipate completely, if they have not already done so. The dissipation of the rings can be seen in the following pictures:

(Taken two days after tabletop was installed) Received Legal Arizona Registrar of Contractors 11/04/2024 November 4, 2024 Page 3

(Taken one month after tabletop was installed)

The tabletop can be sealed once it is completely dry, after the curing and drying process is complete and the rings dissipate completely. These rings may well have dissipated completely already. They are therefore not a workmanship issue.

2. The alleged grout issue is actually alkaline buildup.

Compliance Item 22 references “excess grout on tile surfaces.” The location of the excess grout was not included in either Directive. Southwest nevertheless drained the pool and addressed the grout in all relevant areas.

The Compliance Notes of October 3, 2024, then stated there was still excess grout on tile surfaces. However, the alleged excess grout is in fact merely alkaline buildup along the waterline. This can be seen in the following pictures:

The alkaline buildup is especially clear when the pool is drained: Received Legal Arizona Registrar of Contractors 11/04/2024 November 4, 2024 Page 4

Since the alleged excess grout is in fact alkaline buildup, there is no workmanship issue for Southwest to address.

Requests

My client has addressed each of the issues raised in the Directives. Since the remaining two items are not workmanship issues, my client respectfully requests that the underlying Complaint be dismissed.

Alternatively, my client requests that a follow-up inspection be scheduled. My client believes that such an investigation will verify the points raised above.

If you have any questions or concerns regarding this matter do not hesitate to contact me.

Sincerely,

LANG THAL KING & HANSON PC

Christian T. Lestinsky

CTL/jrf Enclosures

cc via email: Investigator Cliff Corlett ([email redacted])

LTKH File No: 4352-002: 1965168 Received Legal 11/04/2024

EXHIBIT 1 Received Legal 11/04/2024

Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Received Legal 11/04/2024

Respondent: Amy Louise Ulmer DBA: Southwest Developing 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Received Legal 11/04/2024

Compliance Notes Case No.: 2024-06230 Investigator: Cliff Corlett Inspection Date: Thursday, October 3, 2024 Inspection Time: 09:00 AM Respondent Not Present at Compliance Inspection: ☐ Compliance Inspection Not Conducted: ☐

Compliance Jobsite General Notes: Respondent has completed 27 of 29 compliance items. Remaining items are # 4 Pool table top. Unusual Table Top rings. # 22 Crooked pool tile and excess grout on tile.

Compliance Findings: Respondent NOT in Compliance

Complaint Item: 5 - Fire pit not finished. 4' Fire pit. Investigator’s Initial Observation: Confirmed. Fire pit unfinished.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Received Legal 11/04/2024

RESPONDENT SHOULD COMPLETE ALL CONTRACTED WORK BY APPROPRIATE METHODS Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: 10 - No propane tank. (Tank supposed to be buried per contract). Investigator’s Initial Observation: February 1, 2022 contract / change order calls for "Buried Propane Tank".

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Received Legal 11/04/2024

electrical wire to the BBQ location, however the Homeowner installed a non- weather proof electrical box on the BBQ frame. Respondent should ensure that this power/wire is de- energized. This wire should never be energized until the proper weatherproof box and protective conduit is installed. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Received Legal 11/04/2024

Complaint Item: 19 - Rough edge on coping. Investigator’s Initial Observation: ROC confirmed rough cut and chipped edges of travertine coping. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to and at the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Received Legal 11/04/2024

Complaint Item: 23 - Veneer stone waterfall needs to be cutback at spa spillway. Investigator’s Initial Observation: ROC confirmed excess tile veneer at spa spillways. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Compliance Observation: Completed prior to the compliance inspection. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Received Legal 11/04/2024

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☒ CORRECTED ☐ NOT CORRECTED

Note:

Please review the complaint items listed above. If any of the items have not been corrected this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

Cliff Corlett, Investigator #167 (928) 323-4739 [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 C013 9/24 Received Legal 11/04/2024

CC:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Received Legal 11/04/2024

EXHIBIT 2 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024

EXHIBIT 3 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 Received Legal 11/04/2024 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Shane Martin Kaysen Case No. 2024-06230 Edge General Contracting LLC,

COMPLAINANT, v. CITATION Amy Louise Ulmer License No. ROC 329959,

RESPONDENT.

The Registrar issues this Citation to Amy Louise Ulmer (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 21, 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).

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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 THE WRITTEN COMPLAINT On May 31, 2024, Shane Martin Kaysen Edge General Contracting LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Charge 2: A.R.S. § 32-1154(A)(16) Knowingly contracting beyond the scope of the license or licenses of the licensee.

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

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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 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. 2024-06230. 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 November 21, 2024.

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

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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 Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 6, 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, November 6, 2024 to:

Respondent Certified Mail No: [number redacted]

Amy Louise Ulmer 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

Copy mailed by USPS First Class mail this same date to:

Amy Louise Ulmer 2182 McCulloch Blvd N Ste 1 Lake Havasu City, AZ 86403

Complainant Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403 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. 2024-06230 / <<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 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)

Shane Kaysen Edge General Contracting LLC ROC 324822 Mailing Address (Enter jobsite in Contract/Project section) City State Zip

Lake Havasu Ave S. f355 Lake Havasu City Arizona 86403 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)

SouthWest Developing ROC 329959 Street Address City State Zip

Phone Number Email

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

Amy Louise Ulmer , Joseph Ulmer Contract/Project Information Contract Date Contract Amount Amount Paid

May 10, 2021 $75,115.00 $72,115.00 Date Work Started Date Work Stopped Date Work Was Completed

July 11, 2022 April 24, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

2699 Bamboo Dr LakeHavasu City AZ 86403 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment 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 Written This project was Residential This project involved Other Pool build, outdoor bbq island with top, gas fireplace A building permit was obtained by Contractor 21-5972 Lake Havasu City, AZ 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)

We are in 2024 with an incomplete project...We have texts, e-mails asking constantly when will this job be wrapped up with, no replays for days, weeks, months at times. Lastly, the company front man Joseph Ulmer (Amy Louise Ulmer spouse) told the homeowner that this project is not SWD priority at all. Allegations Listed on Complaint:

No pool light, no blue square pop ups. Missing accessories and pump. No BBQ Island with bar top/ 4' Fire pit.

No railing caps. No propane tank. Gate is not properly installed. No pool tabletops. Broken off stucco at pool planter.

No gas to fire pit. Fire pit not finished.

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

Shane Kaysen \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Received 11/20/2024 ROC Legal

LANG THAL KING & HANSON PC 6730 N. SCOTTSDALE RD., SUITE 101 SCOTTSDALE, ARIZONA 85253 TELEPHONE (480) 534-4900 Please e-serve filings on: [email redacted] ANDREW J. WENKER, #034719 [email redacted] (not for e-service) CHRISTIAN T. LESTINSKY, #038811 [email redacted] (not for e-service)

Attorneys for Respondent ARIZONA REGISTRAR OF CONTRACTORS Shane Martin Kaysen Case No.: 2024-06230 Edge General Contracting LLC, WRITTEN ANSWER TO CITATION Complainant, v. Amy Louise Ulmer License No. ROC 329959, Respondent. Respondent Amy Louise Ulmer disputes the allegations enumerated in the November 6,

2024 Citation issued in this matter. Respondent denies that it has violated the charges listed therein by the Registrar, and respectfully requests that this matter be referred to a hearing before the Office of Administrative Hearings. DATED this 20th day of November, 2024. LANG THAL KING & HANSON PC By: /s/ Andrew J. Wenker Andrew J. Wenker Christian T. Lestinsky Attorneys for Respondent 1969396 Received 11/20/2024 ROC Legal

ORIGINAL filed via e-mail with the Arizona Registrar of Contractors this 20th day of November, 2024: Arizona Registrar of Contractors 1700 W. Washington Street, Ste. 105 Phoenix, AZ 85007 [email redacted] [email redacted] COPY sent via mail this same date to: Shane Kaysen Edge General Contracting LLC 2619 Tradewind Drive Lake Havasu City, AZ 86403 [email redacted] Complainant By: /s/ Jennifer Fortner

Received 11/20/24, 1:50 PM State of Arizona Mail - ROC Case No. 2024-06230 / Amy Louise Ulmer adv. Shawn Kaysen/Edge General Contracting 11/20/2024LLC - Writt… ROC Legal

Answers - AZROC <[email redacted]>

ROC Case No. 2024-06230 / Amy Louise Ulmer adv. Shawn Kaysen/Edge General Contracting LLC - Written Answer to Citation message

Jennifer Fortner <[email redacted]> Wed, Nov 20, 2024 at 9:49 AM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Andrew Wenker <[email redacted]>, Christian Lestinsky <[email redacted]>

Good morning –

Attached is the Written Answer to Citation filed on behalf of Respondent in the above-referenced matter. Complainant is also cc’d on this email.

Thank you- Jennifer

Jennifer Fortner

Written Answer to Citation.pdf 138K

https://mail.google.com/mail/b/AEoRXRR1LG6V5HmiID1xcYlFSJHHbrVC4O42mDcQYSufPZRrsaDa/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/1 Christian T. Lestinsky (480) 534-4887 [email redacted]

November 4, 2024

Via email only

Re: Southwest Developing adv. Edge General Contracting, LLC (ROC Complaint No. 2024-06230)

Request to dismiss Complaint, or alternatively, set a follow-up compliance inspection

To the Registrar’s Compliance Department and Legal Department:

Second, the “excess grout” is merely alkaline buildup along the pool’s waterline. This is a maintenance issue, not workmanship, and is therefore not a violation of any applicable rule.

Lang Thal King & Hanson PC • 6730 N. Scottsdale Rd., Suite 101 • Scottsdale, Arizona 85253 • (480) 534-4900 Arizona Registrar of Contractors November 4, 2024 Page 2

1. The rings on the pool tabletop are a normal part of the drying and curing process

Neither Directive mentioned rings on the pool tabletop as a workmanship issue. The rings were mentioned for the first time in the Compliance Notes issued on October 3, 2024.

(Taken two days after tabletop was installed) Arizona Registrar of Contractors November 4, 2024 Page 3

(Taken one month after tabletop was installed)

2. The alleged grout issue is actually alkaline buildup.

The alkaline buildup is especially clear when the pool is drained: Arizona Registrar of Contractors November 4, 2024 Page 4

Since the alleged excess grout is in fact alkaline buildup, there is no workmanship issue for Southwest to address.

Requests

Alternatively, my client requests that a follow-up inspection be scheduled. My client believes that such an investigation will verify the points raised above.

If you have any questions or concerns regarding this matter do not hesitate to contact me.

Sincerely,

LANG THAL KING & HANSON PC

Christian T. Lestinsky

CTL/jrf Enclosures

cc via email: Investigator Cliff Corlett ([email redacted])

LTKH File No: 4352-002: 1965168 EXHIBIT 1 Complainant: Shane Martin Kaysen Edge General Contracting LLC 2619 Tradewind Dr Lake Havasu City, AZ 86403

Compliance Jobsite General Notes: Respondent has completed 27 of 29 compliance items. Remaining items are # 4 Pool table top. Unusual Table Top rings. # 22 Crooked pool tile and excess grout on tile.

Compliance Findings: Respondent NOT in Compliance

Complaint Item: 5 - Fire pit not finished. 4' Fire pit. Investigator’s Initial Observation: Confirmed. Fire pit unfinished.

Complaint Item: 10 - No propane tank. (Tank supposed to be buried per contract). Investigator’s Initial Observation: February 1, 2022 contract / change order calls for "Buried Propane Tank".

Note:

Please review the complaint items listed above. If any of the items have not been corrected this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

Cliff Corlett, Investigator #167 (928) 323-4739 [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 C013 9/24 CC:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 EXHIBIT 2 EXHIBIT 3 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3