2024A-06255-CHC-ROC Notice of Hearing & Packet MAILED.pdf

2024A-06255-CHC-ROC · Registrar of Contractors · 2024-11-25

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Robert Barko , Case No. 2024-06255 COMPLAINANT, Docket No. 2024A-06255-CHC-ROC v. NOTICE OF HEARING ON Quality Repair And Remodel, LLC CONTESTED CASE License No. ROC 330517,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

December 27, 2024 9:00 AM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on October 15, 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)(2)(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 November 25, 2024.

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

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

Respondent(s) Quality Repair And Remodel, LLC 479 N Pheasant Dr. Gilbert, AZ 85234 Respondent's Attorney Nat Clarkson Esq. 2158 N Gilbert Rd, Ste., 114 Mesa, AZ 85203 Complainant(s) Robert Barko 745 West Baseline Road Suite 15 Mesa, AZ 85210

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. 2024-06255 /

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

Complainant: ROBERT BARKO 745 West Baseline Road suite 15 Mesa, AZ 85210

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: Quality Repair And Remodel, LLC 479 N Pheasant Dr Gilbert, AZ 85234

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 18, 2024

Re: Complaint No. 2024-06255

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Monday, July 8, 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 work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

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

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

Sincerely,

Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 List of Addendum items provided by homeowner 2024-06255

Bar- wavy uneven wall.

Kitchen- air flow felt in walls behind outlets- must have drilled into vents with kitchen demo.

powder bath- decreased airflow- disrupted with wall movement.

Office- airflow felt behind outlets- disruption in airflow from master- likely came with wall addition.

Exterior- Brown coat of stucco- no finish coat.

Exterior- Stucco does not wrap parapet wall.

Laundry room- outlet is 10-2 instead of 10-3 no dedicated neutral conductor for dryer.

Daughter’s room- closet door does not shut, cracking all above door frame now present.

Exterior- When front door closes adjacent window shakes.

Great room- Sagging ceiling in great room left of fireplace where demo was done.

Son’s room- door handles unevenly placed. Complainant: ROBERT BARKO 745 West Baseline Road suite 15 Mesa, AZ 85210

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 July 5, 2024

Re: Complaint No. 2024-06255

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors. Because additional items have been added to the list of allegations the jobsite inspection date has been changed to afford the respondent ample time to inspect the additional allegation.

A jobsite inspection is scheduled for Tuesday, July 23, 2024 at 1:00 PM. 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.

Sincerely,

Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

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

Case No.: 2024-06255 Investigator: Steven Avila Inspection Date: Tuesday, July 23, 2024 Inspection Time: 1:00 PM

Jobsite Address: 2130 E page ave Gilbert, AZ 85234

Complainant: ROBERT BARKO Respondent: Quality Repair And Not Present: Remodel, LLC Not Present:

Jobsite General Notes: Present at the inspection: Robert Barko – Homeowner Auriel Barko – Homeowner Nick jevdosic – Quality Repair and Remodel LLC Alex Ruvalcaba – Quality Repair And Remodel LLC

It has been determined that the project is not in a completed state. There were mutiple allegations that stemmed from projects throughout the home being started and not completed due to the respondent’s choice to not return. Although multiple workmanship issues were verified there are no directives to be issued for poor workmanship due to the status of the project being incomplete. Some of the workmanship issues that were noted at the jobsite inspection include the finish of the stucco and stucco repairs, drywall finish with the expectation of a level 5 finish, exposed wires, electrical issues and more. Workmanship issues may be revisited at the completion of the project or should the respondent chose not to perform any additional work.

Respondent’s stated that they have not been onsite due to frstrations regard multiple changes made by the homeowners. Respendent is being informed per these jobsite notes that should the project be determined to be abandoned in the future it may result in citations under A.R.S. 32-1154(A)(1).

Investigator’s suggestion is that both parties resume talks in an attempt to come to a mutual agreement regarding contractual obligations, monies owed and an avenue to

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

completion. It is not within the registrar’s jurisdictions to act as legal council for either party in regards to the remaining contractual disuputes.

Complaint Item: - Permits Investigator’s Observation: During the jobsite inspection performed on 7/23/2024 it was noted that multiple different aspects of respondent’s contracted scope of work and work performed would require permitting. The two parties stated that multiple items performed such plumbing and electrical modifications and the addition of a fireplace had taken place.

In contracting for and performing work that requires a permit, a permit must be onsite prior to any work being performed.

It appears that the respondent contracted on a project that requires a building permit at without the required permit. Knowingly departing from building code requirements would be a violation of A.R.S. § 32-1154(A)(2). A violation of Section 32-1154(A)(2), if proved, would constitute grounds for the Registrar to suspend or revoke your license.

A permit should be acquired based on the entirety of the respondent’s should be inspected by the proper municipality's building official and signed off accordingly.

Governing Rule: A.R.S. § 32-1154(A)(2)(b) Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

P 1 JSI PHOTOS J P 2 JSI PHOTOS J P 3 JSI PHOTOS J

Drywall issues, divots in level 5 drywall finish. P 4 JSI PHOTOS J

Indentations in level 5 drywall finish. P 5 JSI PHOTOS J

Outlet exposed wires no cover P 6 JSI PHOTOS J

Door edge left unpainted P 7 JSI PHOTOS J

Window sill drywall issues. P 8 JSI PHOTOS J

Drywall not level 5 finish P 9 JSI PHOTOS J

Door stop finished and painted over P 10 JSI PHOTOS J

Hardware missing screw P 11 JSI PHOTOS J

Irregular tile finish P 12 JSI PHOTOS J

Poor drywall finish around outlet. P 13 JSI PHOTOS J

Large crack P 14 JSI PHOTOS J

Irregular finish on tile P 15 JSI PHOTOS J

Drywall issues P 16 JSI PHOTOS J

Poor finish on tile wall P 17 JSI PHOTOS J

Drywall finish issues P 18 JSI PHOTOS J

Drywall finish issues. P 19 JSI PHOTOS J

Cracked tile P 20 JSI PHOTOS J

Cracked tile P 21 JSI PHOTOS J

White grout on darker grout P 22 JSI PHOTOS J

MIscut tile P 23 JSI PHOTOS J

Unfinished tile P 24 JSI PHOTOS J

Open holes in walls and ceiling P 25 JSI PHOTOS J

Missing baseboards P 26 JSI PHOTOS J

Poor alignment on railing P 27 JSI PHOTOS J

Missing lighting exposed wiring P 28 JSI PHOTOS J

Unfinished benches P 29 JSI PHOTOS J

Unfinished benches P 30 JSI PHOTOS J

Unfinished drywall light switch cover missing P 31 JSI PHOTOS J

Exposed wires P 32 JSI PHOTOS J

Unfinished bench. P 33 JSI PHOTOS J

Exposed wiring. Complainant: ROBERT BARKO 745 West Baseline Road suite 15 Mesa, AZ 85210

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: Quality Repair And Remodel, LLC 479 N Pheasant Dr Gilbert, AZ 85234

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 September 3, 2024

License No. ROC 330517

Re:Complaint No. 2024-06255

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 September 20, 2024.

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

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

Complaint Item: - Lack of permits Investigator’s Observation: During the jobsite inspection performed on 7/23/2024 it was noted that multiple different aspects of respondent’s contracted scope of work and work performed would require permitting. The two parties stated that multiple items performed such plumbing and electrical modifications and the addition of a fireplace had taken place.

In contracting for and performing work that requires a permit, a permit must be onsite prior to any work being performed.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 A permit should be acquired based on the entirety of the respondent’s should be inspected by the proper municipality's building official and signed off accordingly.

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

Sincerely,

Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: ROBERT BARKO 745 West Baseline Road suite 15 Mesa, AZ 85210

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: Quality Repair And Remodel, LLC 479 N Pheasant Dr Gilbert, AZ 85234

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 27, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-06255

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Wednesday, October 2, 2024 at 12:00 PM 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,

Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

C012 12/23 Complainant: ROBERT BARKO 745 West Baseline Road suite 15 Mesa, AZ 85210

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: Quality Repair And Remodel, LLC 479 N Pheasant Dr. Gilbert, AZ 85234

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.: 2024-06255 Investigator: Steven Avila Inspection Date: Wednesday, October 2, 2024 Inspection Time: 12:00 PM Respondent Not Present at Compliance Inspection: ☐ Compliance Inspection Not Conducted: ☐

Compliance Jobsite General Notes: Present at the inspection: Auriel Barko – Homeowner Alex - Quality Repair And Remodel, LLC Nick Jeudosic - Quality Repair And Remodel, LLC

Compliance Findings: At the time of the inspection there were no permits onsite. Per statements made by both parties no additional work has been performed and therefore multiple workmanship items and incomplete portions of the project remain incomplete.

Directive was issued on 9/3/2024 and expired 9/20/2024. Compliance inspection was performed on 10/2/2024 and no permits were acquired from the local jurisdiction.

Homeowners were also concerned with the respondents contracting for a total well beyond the scope of their license. The respondent’s license is #330517 is a classification of CR-61 which allows the respondent to contract up to $50,000 per project. This allowance of $50,oo0 for an entire project and not per invoice. The homeowner provided invoice 22-245 for a total of $51,198 which is excess of the license’s allowable limit. The total amount listed for the project by the complainant is $247,327. These findings will result in a warning letter for contracting beyond the scope of the license and issuance of a citation per A.R.S. 32-1154(A)(16) which is defined as knowingly contracting beyond the scope of the license or licenses of the licensee.

As the directive has expired and due to safety concerns the homeowners did have electrical work that was part of the scope of work of the respondent had been repaired. Some of these concerns were seen at the initial jobsite inspection.

There are multiple areas of the scope of work of the respondent that remain either unfinished or poorly finished. The concerns are listed below for reference should a request be submitted to the recovery fund. The remaining items viewed at the compliance inspection were as follows:

- The first item of concern was the stucco. The homeowners were concerned about a step missing in regards to the resurfacing of the existing stucco. The concern was that an adhesive used to adhere the new surface to the existing was no performed. Respondent did state that they did perform this step and that at the time of the work being performed showed the homeowner the adhesive being used. Without an intrusive inspection the investigator is unable to determine if this allegation was verified. Second concern of the stucco scope was that there was not full coverage of the parapet wall. This item appeared to have been a choice made as there were no damage or issues brought forth in regards to the parapet wall. Homeowner had additional concerns with the texture of the stucco but with the stucco being in an incomplete/ unpainted status the textures final appearance was difficult to address. The homeowners did bring forth an upper section of the exterior of the home which was missing stucco and was verified by photos. Stucco installation also covered exiting wiring and conduit and left a large mess on other exterior items. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 - Homeowners concern with the block wall in front of the home were not specified in the contracts provided to the registrar. The irregular angles do not constitute a workmanship issue as some of the block was present prior to the respondent’s scope of work.

- The exterior patio deck at the time of the compliance inspection did contain discoloration as brought forth by the complainant.

– Front door of the residence did show signs of misalignment. The homeowners purchased the doors and the respondent’s scope was installation of the front doors. The front door did take more effort to latch than most front entry doorways as seen throughout the industry. The front doors also had some misalignment issues and the upper top intersection of the two doors.

– Level 5 drywall finish was a concern of the homeowners. The stucco appeared on invoice 22-245 and stated the expectation of a level 5 finish. The expectation of a level 5 drywall finish would be - Level 5 finish, the drywall has a smooth, uniform surface that looks great under any intense lighting, harsh shadows or high-gloss paint, and your fasteners have essentially no chance of showing through the paint. It’s the ultimate in drywall finishing. The drywall finish throughout the residence contained multiple blemishes to include tiny holes and deviations throughout the home which was easily visible. This appeared in multiple rooms throughout the home. There was also multiple window sills in which the drywall appeared unfinished. Multiple areas of the residence where drywall repairs were started and not completed.

– grout failing and staining around windows. Voids in caulk and staining were present at the compliance inspection.

– Tub not replaced and damage to the bath hardware. Tub and faucet purchased but never installed.

– Tile cracked in hallway bath. There were multiple cracked tile on the wall behind the toilet.

– Dining area window issues. The exterior of the window had excessive cracking along the caulking

– Pot filler issues – Homeowner stated that the pot filler needed tightening but it took excessive for any movement. The tile around the pot filler did have visible voids that could not be covered up by hardware.

– Fathers restroom tile and finish issues. The restroom in the father’s room contained excessive cracking throughout the tile installation and voids around plumbing finishes. Walls remained unfinished. Homeowner also concerned with the lack of a moisture barrier. Homeowner did provide a photo from the niche in the shower that did not appear to have any moisture barrier.

– Electrical. There were electrical issues at the time of the JSI and after the written directive expired they were corrected by others.

– Living area – The concerns in this area were in regards to the walls surrounding the lower level. The walls were existing walls refinished by the respondent. However, there was no evidence to show that the remaining variances were due the respondents work and not previous framing of the walls. There were multiple areas in this area in which drywall repairs remained unfinished.

– Benches – Benches in the living and master bedroom areas were built and installed however they remain in an unfinished raw state.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 – Fireplace – Work on the fireplace was began by the respondent and remains in an unfinished state. Raw materials can be seen around the fireplace openings.

– Small restroom p-trap – different finishes present may be due to materials available and not workmanship issues. Faucet damaged during install.

– Broken window – No evidence to determine the crack was caused due to the workmanship of the respondent.

– Finish trim – Multiple areas of finish trim remained in an unfinished state. Filler over fasteners no sanded and remain unpainted.

– Master bath – Shower tile unfinished, shower cartridge never replaced, unfinished drywall and drywall cracking and a dryer vent installed through ceiling and remains open to the elements causing leaking.

– Wavy wall in bar area – Wall was offset by ½ inch on opposite sides of interior door when measurements taken from nearest straight grout line. Waviness along the wall can be seen.

– Ceiling cracks where separation wall was removed.

– Garage finish – Multiple areas of unfinished drywall and exposed lumber in garage area.

Complaint Item: - Lack of Permits

Investigator’s Initial Observation: During the jobsite inspection performed on 7/23/2024 it was noted that multiple different aspects of respondent’s contracted scope of work and work performed would require permitting. The two parties stated that multiple items performed such plumbing and electrical modifications and the addition of a fireplace had taken place.

In contracting for and performing work that requires a permit, a permit must be onsite prior to any work being performed.

It appears that the respondent contracted on a project that requires a building permit and performed work without the required permit. Knowingly departing from building code requirements would be a violation of A.R.S. § 32-1154(A)(2). A violation of Section 32- 1154(A)(2), if proved, would constitute grounds for the Registrar to suspend or revoke your license.

Compliance Observation: At the time of the inspection it was noted that no permits had been received by the respondents from the local jurisdiction.

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: 32-1154(A)(2)(b) Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another. ☐ 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,

Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 P 1 JSI PHOTOS J P 2 JSI PHOTOS J P 3 JSI PHOTOS J

Messiness on equipment and item embedded in stucco. P 4 JSI PHOTOS J

Conduit embedded in stucco P 5 JSI PHOTOS J

Items embedded in stucco. P 6 JSI PHOTOS J

Planter repair P 7 JSI PHOTOS J

Area of home missing stucco installation. P 8 JSI PHOTOS J

Discolored pavers and entryway P 9 JSI PHOTOS J

Misaligned front entry door. P 10 JSI PHOTOS J

Drywall does not meet stage 5 finish P 11 JSI PHOTOS J

Unfinished drywall window sill P 12 JSI PHOTOS J

Unfinished drywall window sill P 13 JSI PHOTOS J

Unfinished drywall window sill P 14 JSI PHOTOS J

Unfinished drywall repairs P 15 JSI PHOTOS J

Missing grout in window area P 16 JSI PHOTOS J

Missing grout window area. P 17 JSI PHOTOS J

Damaged restroom hardware P 18 JSI PHOTOS J

Cracked tile above toilet P 19 JSI PHOTOS J

Finish issues around dining room window P 20 JSI PHOTOS J P 21 JSI PHOTOS J

Pot filler escutcheon does not cover voids P 22 JSI PHOTOS J

Unfinished drywall P 23 JSI PHOTOS J P 24 JSI PHOTOS J

Unfinished drywall repairs fathers restroom P 25 JSI PHOTOS J

Tile cracks in fathers restroom. P 26 JSI PHOTOS J

Tile cracks shower area fathers restroom. P 27 JSI PHOTOS J

Voids around fixtures fathers restroom shower P 28 JSI PHOTOS J

Drywall repairs unfinished. P 29 JSI PHOTOS J

Unfinished drywall at base of wall P 30 JSI PHOTOS J

Bench remains unstained. P 31 JSI PHOTOS J

Bench remains unstained P 32 JSI PHOTOS J

Fireplace remains unfinished P 33 JSI PHOTOS J

Damaged spout small restroom P 34 JSI PHOTOS J

Unfinished trim P 35 JSI PHOTOS J

Unfinished bench master bedroom. P 36 JSI PHOTOS J

Master shower not functioning valve never replaced. P 37 JSI PHOTOS J

Master shower tile remains unfinished. P 38 JSI PHOTOS J

Drywall issues master closet P 39 JSI PHOTOS J

Drywall issues master closet P 40 JSI PHOTOS J

Vent installed by respondents no cap exposed to elements. P 41 JSI PHOTOS J

Staining around window from water intrusion. P 42 JSI PHOTOS J

Large ceiling drywall crack P 43 JSI PHOTOS J

Wavy wall in bar area. P 44 JSI PHOTOS J

Garage with exposed lumber repairs. No drywall finished P 45 JSI PHOTOS J

Garage drywall unfinished. P 46 JSI PHOTOS J

Open drywall in garage. P 47 JSI PHOTOS J

Garage drywall unfinished. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Robert Barko, Case No. 2024-06255 COMPLAINANT, v. Quality Repair And Remodel, LLC, CITATION License No. ROC 330517, RESPONDENT.

The Registrar issues this Citation to Quality Repair And Remodel, LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 30, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On June 12, 2024, Robert Barko “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)(2)(b) Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge: 2 A.R.S. § 32-1154(A)(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 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. 2024-06255. 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 of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 October 30, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated October 15, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 15, 2024 to: Respondent Certified Mail No: [number redacted] Quality Repair And Remodel, LLC 479 N. Pheasant Dr. Gilbert, AZ 85234 Copy mailed by USPS First Class mail this same date to: Respondent Quality Repair And Remodel, LLC 479 N. Pheasant Dr. Gilbert, AZ 85234 Complainant Robert Barko 745 West Baseline Road, Suite 15 Mesa, AZ 85210 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. 2024-06255 /

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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)

Auriel BARKO Mailing Address (Enter jobsite in Contract/Project section) City State Zip

2130 e page Ave Gilbert Arizona 85234 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

Arizona Phone Number of Attorney Email of Attorney

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

Quality Repair And Remodel, LLC ROC 330517 Street Address City State Zip

479 N Pheasant Dr Gilbert AZ 85234 Phone Number Email

+1 (480) 479-2343 Name of Person(s) Representing License

alexander ivan ruvalcaba Contract/Project Information Contract Date Contract Amount Amount Paid

July 3, 2022 $247,237.00 $251,608.17 Date Work Started Date Work Stopped Date Work Was Completed

July 3, 2022 April 19, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

2130 E page ave Gilbert AZ 85234 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;Poor Work 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 8 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

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

Please note that there were 11 separate contracts totaling the previously listed sum. All have been paid in full. The contractors have been contacted by us to remedy these issues, however they refuse to return to the project. Allegations Listed on Complaint:

Teen room- level 5 walls incomplete, needs resurfacing.

Teen room- damaged wood panel next to outlet, occurred at time of outlet install.

Teen room- missing fireplace ignite switch, never received replacement as promised. Can't test fireplace function.

Teen room- light switch on incorrect side of closet door.

Teen room- fireplace bench requires more sanding to be flat in areas.

Hallway closet- incomplete drywall.

Hallway closet- exposed transformer and wires.

Hallway laundry- incomplete pocket door hardware- missing latch.

Son's room- closet doors not painted.

Son's room- closet doors missing stops at top of doors.

Son's room- patchwork around window incomplete.

Son's room- patchwork on walls incomplete.

Son's room- wall paint incomplete.

RCC099 12/05/18 Page 2 of 8 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Son's room- closet not level 5.

Hallway- floor vent missing screws.

Kid's bath- light cutout holes visible.

Kid's bath- multiple broken tiles.

Kid's bath- door latch missing screws.

Kid's bath- shower window separating from wall.

Kid's bath- damaged tub filler, handle, and drain not replaced as promised.

Kid's bath- damaged tub not replaced as promised.

Daughter's room- closet walls not level 5.

Daughter's room- walls incomplete level 5.

Daughter's room- window seal incomplete.

Daughter's room- door warped and does not stay open.

Entryway- tile sealer applied in direct sunlight- caused reaction and discoloration.

Front door- needs adjustment.

Front door- needs correct seal, daylight comes through gap.

Front door- transom missing second piece of glass and divider.

Front door- general incomplete patch and paint in area.

Dining room- incomplete patch and paint.

Dining room- incomplete window seal- window leaks.

RCC099 12/05/18 Page 3 of 8 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Kitchen- outlets in upper cabinets missing.

Kitchen- pot filler needs adjustment and missing screw.

Kitchen- plaster hood incomplete.

Kitchen- pantry door missing latch, handle catching and rubbing.

Kitchen- walls incomplete paint and patchwork.

Kitchen- AC return closet incomplete seal and patch.

Living room- walls incomplete paint and patchwork.

Living room- electrical outlet in library missing box.

Living room- missing vent cover in lower cabinet.

Living room- electrical outlets not switched out.

Living room- drywall around fan incomplete.

Guest room- wall paint and patchwork incomplete.

Guest room- light switches not switched out.

Guest room- closet not level 5.

Guest room- multiple cracked tiles in shower area.

Guest room- vanity lights not at same height.

Guest room- grout in shower not corrected- stained and uneven.

Guest room- shower fixtures not sealed at wall.

RCC099 12/05/18 Page 4 of 8 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Mudroom- door incomplete, missing latch and paint.

Mudroom- incomplete wall patch and paint.

Garage- incomplete seals at windows- leaking.

Garage- incomplete patch all cut out sections of drywall.

Garage- incomplete reinforcement of garage door frame (inside).

Great room- fireplace in wall incomplete paint.

Great room- incomplete paint and patch on all walls.

Great room- walls around sunken area not level or straight.

Great room- railing not consistently flush with walls.

Great room- entry door needs adjustment.

Great room- fireplace incomplete framework/drywall.

Great room- fireplace missing insert- never returned as promised.

Great room- multiple lights no longer work.

Great room- pigtail wiring on ceiling incomplete in four areas and missing boxes/brackets.

Great room- stair lights and foyer light do not work.

Great room- outlets not replaced and missing covers.

Great room- sunken area 2 outlets on right top upper of duplex on switch- not requested.

Great room- side entry no power to outlets or light.

Great room- no power to closet or leading to master light.

RCC099 12/05/18 Page 5 of 8 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Great room- 2 benches incomplete, missing bottom wrap, did not finished stain, has nail holes, not sealed.

Master bedroom- outlets not switched out-top outlet on switch and now no power to 3 on south wall.

Master bedroom- wire to electric fireplace not supported, looped and visible.

Master bedroom- window glass cracked during stucco work.

Master bedroom- no electrical box or bracket for fan.

Master bedroom- missing smoke detectors.

Master bathroom- wiring for sconces incomplete- no power to left sconce due to lack of pigtail.

Master bathroom- shower handle taken apart and never complete.

Master bathroom- shower heads off center and at different heights.

Master bathroom- sprayer hole at wrong position.

Master bathroom- frame for doorway cracking up to ceiling and in bedroom.

Master bedroom- bench incomplete, missing bottom wrap, has nail holes, unfinished stain and seal.

Master bathroom- baseboard under vanity out of square.

Master bathroom- closet entrance framed at incorrect height per specs of sliding closet doors.

Master closet- paint bubbling and cracking in laundry area.

Master closet- laundry vent leaking.

Master closet- unfinished outlet with exposed wire.

Master closet- no separate circuit for master laundry- using a 10-2 with no neutral.

Master closet- missing door handle.

RCC099 12/05/18 Page 6 of 8 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Powder bathroom- toilet diaphragm never replaced.

Powder bathroom- toilet install incomplete.

Powder bathroom- paint incomplete.

Powder bathroom- damage to faucet not corrected as promised.

Exterior patio- electrical hanging out of ceiling.

Exterior patio- light removed and not reinstalled, no longer source of power to switch.

Exterior patio- Stucco consistency issues.

Exterior patio- door frames and stucco issues.

Office- missing smoke detectors.

Office- frame of window not level and incomplete.

Exterior- general stucco incomplete, missing final coat.

Exterior- stucco not finished to top along roof or around doors/window frames.

Exterior- stucco poor quality control- covering ACs, pool equipment, plants, etc.

Exterior- small wall not complete stucco work.

Exterior- new stucco plant bed crooked and not corrected.

Exterior- floodlights not receiving power.

General interior- re-grout and seal incomplete due to lack of protection of floors.

General interior- light temp not adjusted to match throughout house.

RCC099 12/05/18 Page 7 of 8 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Auriel BARKO \complainant1\ \complainantd1\

RCC099 12/05/18 Page 8 of 8 To Whom It May Concern:

The contractor did not provide a written contract for the project listed in this complaint. There were itemized invoices used in lieu of signed contracts. The descriptions listed in the invoices were all encompassing for the areas in each document. All contracts were negotiated between the Barkos and Alex and/or Nick, owners of Quality Repair and Remodel. Payments were paid progressively, with a mutually agreed understanding that corrections and punch list items listed in this complaint would be completed at the end of the project as a whole. This was reason for us to pay in full, as we relied on them to uphold this agreement and that we had plans to continue to hire them for other areas of the project that we have yet to begin. All payments were paid via check or card to Alex or Nick. All items listed in this complaint were to be completed by June of 2024, as we had anticipated the completion of the project by this time and the outstanding corrections to be completed all together at the end. To Whom It May Concern:

ANDERSON CLARKSON BROWN PLLC 2158 N Gilbert, Ste 114 Mesa, AZ 85203

Nat Clarkson (State Bar No. 021027) Direct Dial: (480) 373-9090 E-mail: [email redacted] Attorneys for JDL Refrigeration, LLC

ARIZONA REGISTRAR OF CONTRACTORS ROBERT BARKO, Case No. 2024-06255

Complainant, WRITTEN ANSWER TO CITATION AND COMPLAINT v.

QUALITY REPAIR AND REMODEL, LLC (License No. ROC 330517), Respondent. Quality Repair and Remodel, LLC (“Quality”) hereby answers the citation issued by the Arizona Registrar of Contractors (“ROC”). The ROC cited Quality for three things: i) performing work without obtaining a building permit; ii) working outside the scope of its license; and iii) failure to take appropriate corrective action. This answer is filed one day after the deadline set forth in the complaint. The late filing was due to excusable neglect on the part of Quality’s counsel. For the reasons set forth herein, Quality prays that the ROC not suspend or revoke its license and allow this matter to proceed to a hearing on the issues presented. 1. Working Without a Permit. When Quality began its interaction with the Barkos in their home remodel, they took over the project from a prior contractor who had initiated the project. Quality assumed, incorrectly, that a building permit had been obtained. In the midst of trying to move the project forward, Quality did not take the necessary steps to confirm whether there was a permit and continued without obtaining such a permit. By the time the ROC inspector came out to the Barkos’ residence, the Barkos had essentially kicked Quality off of the job. It was at that time that Quality was told that a building permit was required. Before the ROC’s subsequent visit to confirm whether corrective

Received 10/31/2024 ROC Legal

action had taken place, Quality had applied for a building permit from the Town of Gilbert and

received “redlines” requesting other information to re-submit to the Town. Quality re-submitted

those redlines and is currently waiting on further feedback from the Town. Although it is taking

more time than expected, Quality will obtain the required permit, even though the Barkos are not

allowing Quality to continue to work at their residence.

2. Working Outside the Scope of the License.

Quality performed some minimal electrical work that was not covered by its contractor’s

license. Quality did inform the Barkos of the potential issue with the license but the Barkos were

unwilling to hire a separate contractor to perform the electrical work. The Barkos asked Quality to

perform the electrical work. Quality employs a certified electrician who performed the work.

However, since the ROC confirmed that this work was, in fact, outside the scope of Quality’s

license, Quality has found out that the Barkos have hired a licensed contractor to review the work

performed by Quality. Quality is unaware of any problems with the work it performed and is

willing to cover any costs associated with having the work inspected and approved by an

appropriately licensed contractor.

3. Lack of Appropriate Corrective Action.

Quality tried to obtain the building permit but that process has taken longer than the period

provided for the corrective action. Quality will make it right with the Barkos with respect to this

issue, but Quality requires more time to do so.

Quality has always been willing to take the steps necessary to ensure that the electrical

work that it performed was done properly. Quality understands better what work can be done under

its license and that the approval of a homeowner does not alter the license requirements. This issue

will not arise again.

4. Prior Record.

Quality’s contracting record is clean, other than the current complaint. Quality has no

disciplinary record and its license has never been suspended or revoked. These facts should

mitigate any potential discipline.

Received 10/31/2024 ROC Legal

5. Belated Filing.

Quality hired counsel on October 24, 2024 to represent Quality in this matter. Counsel was

made aware that the citation was issued on October 15 and calculated mentally that the answer

should be due on November 4. This was based on his misunderstanding that the ten-day response

time counted business days and not calendar days. Additionally, on October 24—the very day he

was hired—counsel suffered a kidney stone attack that required him to go to the doctor to get a

kidney stone removed. The doctor treatment included a painful invasive procedure that alleviated

the problem with the kidney stone. However, this medical event did require counsel to take some

time to recover. On October 31—after catching up with the work that had been delayed due to his

medical issue and recovery—counsel finally reviewed the complaint and noticed that the answer

deadline was actually October 30. This answer was on file within an hour of counsel recognizing

his mistake.

Quality prays that the ROC deem this to be excusable neglect. Counsel would have

reviewed the complaint and caught his mistaken understanding of calendaring but for the medical

issue that arose. Although the answer is untimely, there is no prejudice to the ROC or the Barkos.

Quality has continued its efforts to obtain a building permit and the electrical work has been

reviewed and approved by a licensed contractor. Quality prays that the ROC accept this late filing

and allow Quality to proceed to a hearing on this matter.

DATED this 31st day of October 2024.

ANDERSON CLARKSON BROWN PLLC By: /s/ Nat Clarkson (#021027) Nat Clarkson Attorneys for Quality Repair and Remodel LLC FILED this 31st day of October 2024. COPY emailed this 31st day of October 2024 to: Robert Barko 745 West Baseline Road, Suite 15 Mesa, AZ 85210 Complainant /s/ Nat Clarkson

Received 11/1/24, 8:10 AM State of Arizona Mail - Case No. 2024-06255 - Answer to Citation and Complaint 10/31/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2024-06255 - Answer to Citation and Complaint message

Nat Clarkson <[email redacted]> Thu, Oct 31, 2024 at 9:07 PM To: [email redacted]

Please see the attached. Nat

241031 - Quality's Answer.pdf 84K

https://mail.google.com/mail/b/AEoRXRQUAc4i5OZRYqf-gInJldyuulJGlXz15nY88HBzSsB-9nd8/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=th… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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