2024A-06664-CHC-ROC Notice of Hearing & Packet MAILED 2024-06664.pdf

2024A-06664-CHC-ROC · Registrar of Contractors · 2024-10-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Tarique Coleman , Case No. 2024-06664

COMPLAINANT, Docket No. 2024A-06664-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Rodriguez-Valles Remodel LLC License No. ROC 339844,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 4, 2024 9:00 AM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on September 27, 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(a) Charge: 2 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 October 16, 2024.

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

Copy mailed via USPS First Class mail October 16, 2024 to:

Respondent(s) Rodriguez-Valles Remodel LLC 4021 N Paseo De Los Rancheros Tucson, AZ 85745

Complainant(s) Tarique Coleman 3634 S 8th Ave Tucson, AZ 85713

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. 2024-06664 /

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: Tarique Coleman 3634 S. 8th Ave. Tucson, AZ 85713

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: Rodriguez-Valles Remodel LLC 4021 N Paseo De Los Rancheros Tucson, AZ 85745

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 17, 2024

Re: Complaint No. 2024-06664

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, August 29, 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,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

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.

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 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2024-06664 Investigator: Greg Johndrow #195 Inspection Date: 8/29/2024 Inspection Time: 9:00AM

Complainant: Tarique Coleman Respondent: Rodriguez-Valles Remodel LLC

General Notes: The site inspection was performed on this date and time with both parties present. In attendance for the respondent was Josue Rodriguez

Complaint Item 1: “I have documents on work completed and still needing to be completed and the contractor has verbally given notice that he would not be completing the work or fix the items done poorly. As well as having his wife come to my house in an attempt to intimidate my wife while I was at work.” Investigator’s Observations: This statement by the complainant does not implicate a workmanship issue, or a violation of A.R.S. § 32-1154(A). Governing Rule: N/A

Complaint Item 2: “Floors need to be fixed” Investigator’s Observations: Verified. The flooring is peaking at the transition into the bedroom. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Ac was replaced by homeowner due to contractor not taking accountability” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to verify a violation of A.R.S. § 32-1154(A). The issue was resolved by the complainant prior to the site inspection. Governing Rule: N/A

Complaint Item 4: “Faucets are loose” Investigator’s Observations: This allegation is NOT verified. The issue was resolved prior to the site inspection. Governing Rule: N/A

Complaint Item 5: “Door weather stripping fell off” Investigator’s Observations: Verified. A section of the trim for the flooring, located outside the front door has fallen off. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 6: “Electrical issues” Investigator’s Observations: This allegation is NOT verified. The complainant did not provide sufficient evidence at the time of the inspection. In addition, the electrical system has been subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or the alleged departure from applicable building codes. See A.R.S. § 32-1155(D)(2). Governing Rule: N/A

Complaint Item 7: “Contractor stated items under warranty were not going to be done by him and that he didn't need to fix them.” Investigator’s Observations: This statement by the complainant does not implicate a workmanship issue, or a violation of A.R.S. § 32-1154(A). Governing Rule: N/A

Complaint Item 8: “Work done to AC unit caused unit to burn out and became inoperable.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to verify a violation of A.R.S. § 32-1154(A). The issue was resolved by the complainant prior to the site inspection. Governing Rule: N/A

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Picture 1 Jobsite Inspection Photos

Case: 2024-06664 Date: 8-29-24 Address: 3634 S. 8th Ave; Tucson, AZ 85713 Picture 2 Jobsite Inspection Photos

Case: 2024-06664 Date: 8-29-24 Address: 3634 S. 8th Ave; Tucson, AZ 85713 Picture 3 Jobsite Inspection Photos

Case: 2024-06664 Date: 8-29-24 Address: 3634 S. 8th Ave; Tucson, AZ 85713 Picture 4 Jobsite Inspection Photos

Case: 2024-06664 Date: 8-29-24 Address: 3634 S. 8th Ave; Tucson, AZ 85713 Picture 5 Jobsite Inspection Photos

Case: 2024-06664 Date: 8-29-24 Address: 3634 S. 8th Ave; Tucson, AZ 85713 Picture 6 Jobsite Inspection Photos

Case: 2024-06664 Date: 8-29-24 Address: 3634 S. 8th Ave; Tucson, AZ 85713 Picture 7 Jobsite Inspection Photos

Case: 2024-06664 Date: 8-29-24 Address: 3634 S. 8th Ave; Tucson, AZ 85713 Picture 8 Jobsite Inspection Photos

Case: 2024-06664 Date: 8-29-24 Address: 3634 S. 8th Ave; Tucson, AZ 85713 Picture 9 Jobsite Inspection Photos

Case: 2024-06664 Date: 8-29-24 Address: 3634 S. 8th Ave; Tucson, AZ 85713 Picture 10 Jobsite Inspection Photos

Case: 2024-06664 Date: 8-29-24 Address: 3634 S. 8th Ave; Tucson, AZ 85713 Complainant: Tarique Coleman 3634 S 8th Ave Tucson, AZ 85713

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: Rodriguez-Valles Remodel LLC 4021 N Paseo De Los Rancheros Tucson, AZ 85745

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 4, 2024

License No. ROC 339844

Re: Complaint No. 2024-06664

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32- 1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, 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 reasons 1, 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:

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

Complaint Item 4: “Faucets are loose” Investigator’s Observations: This allegation is NOT verified. The issue was resolved prior to the site inspection. Governing Rule: N/A

Complaint Item 6: “Electrical issues” Investigator’s Observations: This allegation is NOT verified. The complainant did not provide sufficient evidence at the time of the inspection. In addition, the electrical system has been subject to modification. For that reason, the Registrar is prohibited from issuing a citation for the Respondent’s alleged poor workmanship or the alleged departure from applicable building codes. See A.R.S. § 32-1155(D)(2). Governing Rule: N/A

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,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

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

Case No.: 2024-06664 Investigator: Gregory Johndrow Inspection Date: N/A Inspection Time: N/A

Compliance Inspection Not Conducted: ☒

Compliance Findings: The respondent has complied with the Directive.

As stated on Directive: Complaint Item 2: “Floors need to be fixed” Investigator’s Observation from initial inspection: Investigator’s Observations: Verified. The flooring is peaking at the transition into the bedroom. Compliance Inspection Findings for this item: This has NOT been corrected. ☐ CORRECTED ☒ NOT CORRECTED

As stated on Directive: Complaint Item 5: “Door weather stripping fell off” Investigator’s Observation from initial inspection: Investigator’s Observations: Verified. A section of the trim for the flooring, located outside the front door has fallen off. Compliance Inspection Findings for this item: This has NOT been corrected. ☐ 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 9/23/24, 4:46 PM State of Arizona Mail - AZ ROC Case 2024-06664

Gregory Johndrow <[email redacted]>

AZ ROC Case 2024-06664 Tarique Coleman <[email redacted]> Mon, Sep 23, 2024 at 4:40 PM Reply-To: Tarique Coleman <[email redacted]> To: [email redacted]

They have not been completed at this time we have a scheduled appointment for Nov 27th after I refused his offer of $530.00 dollars. If he doesn't complete the work I will contact you again thank you for your help in the matter.

Yahoo Mail: Search, Organize, Conquer [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Tarique Coleman, Case No. 2024-06664 COMPLAINANT, v. Rodriguez-Valles Remodel LLC CITATION License No. ROC 339844, RESPONDENT.

The Registrar issues this Citation to Rodriguez-Valles Remodel LLC (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 12, 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 11, 2024, Tarique Coleman (“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(a)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-

108(a): A contractor shall perform all work in a professional and workmanlike manner.

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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)(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. 2024-06664. 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]

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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 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 12, 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 Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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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 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. Dated September 27, 2024.

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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 By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 27, 2024 to: Respondent Certified Mail No: [number redacted] Rodriguez-Valles Remodel LLC 4021 N Paseo De Los Rancheros Tucson, AZ 85745

Copy mailed by USPS First Class mail this same date to: Respondent Rodriguez-Valles Remodel LLC 4021 N Paseo De Los Rancheros Tucson, AZ 85745 Complainant Tarique Coleman 3634 S 8th Ave Tucson, AZ 85713 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. 2024-06664 /

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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)

Tarique Coleman Mailing Address (Enter jobsite in Contract/Project section) City State Zip

3634 s 8th ave Tucson Arizona 85713 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)

Rodriguez-Valles Remodel LLC ROC 339844 Street Address City State Zip

4021 N Paseo De Los Rancheros Tucson AZ 85745 Phone Number Email

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

Josue Rodriguez Contract/Project Information Contract Date Contract Amount Amount Paid

May 3, 2024 $258,000.00 $1,833.00 Date Work Started Date Work Stopped Date Work Was Completed

May 3, 2024 June 6, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

3634 s 8th ave Tucson AZ 85713 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 Poor Work;Other I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? Yes

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

Parker amd sons HVAC for AC The contract was Written All change orders were Written 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)

I have documents on work completed and stillnneeding to be completed and the contractor has verbally given notice that he would not be completing the work or fix the items done poorly. As well as having his wife come to my house in an attempt to intimidate my wife while I was at work. Allegations Listed on Complaint:

Floors need to be fixed Ac was replaced by homeowner due to contractor not taking accountability

Faucets are loose. Door weather stripping fell off Electrical issues

Contractor stated items under warranty were not.going to he done by him amd that he didn't need to fix them.

Work done to AC unit caused unit to burn out amd became inoperable.

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

Tarique Coleman \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Home Improvement Agreement: Page 1

Home Depot License Number(s): Home Depot license numbers are listed on page 3, and at www.homedepot.com/licensenumbers Andres Bautista

Salesperson Name Registration # (Req. in CA,CT,ME,MD,MI,NJ,DC) Home Depot U.S.A.,Inc.("Home Depot") or Authorized Service Provider named below will furnish, install and/or service the equipment listed below at the price, terms and conditions as outlined on this form. 1. Service Provider Contact Information Manuel Hernandez ENVIRONMENTAL CONDITIONING Service Provider Contact Name Service Provider Company Name 480-963-1829 [email redacted] ROC152656 Phone # Service Provider Email Address Service Provider License #(s) 2. Customer Information Marina Quiroz 0467 HD XXX Customer Last Name Customer First Name Store # / Branch Name Customer Lead/ PO# 3634 South 8th Avenue Tucson AZ 85713

Customer Address City State Zip [email redacted] Home Phone# Work Phone# Cell Phone# Customer Email Address 3. NOTICE OF RIGHT TO CANCEL YOU MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION BY CONTACTING THE SERVICE PROVIDER OR STORE DIRECTLY; EMAILING SERVICE PROVIDER AT: [email redacted]

OR DELIVERING WRITTEN NOTICE TO HOME DEPOT AT: 3636 E ANNE ST PHOENIX AZ 85040 Address City State Zip BY MIDNIGHT ON THE THIRD BUSINESS DAY AFTER SIGNING, UNLESS THE STATE SUPPLEMENT PROVIDES A DIFFERENT CANCELLATION PERIOD. THE STATE SUPPLEMENT CONTAINS A FORM TO USE IF ONE IS SPECIFICALLY PRESCRIBED BY LAW IN YOUR STATE. YOUR PAYMENT(S) WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS AFTER HOME DEPOT'S RECEIPT OF YOUR NOTICE. YOU MUST MAKE AVAILABLE FOR PICKUP BY HOME DEPOT OR SERVICE PROVIDER, AT YOUR SERVICE ADDRESS, AND IN SUBSTANTIALLY THE SAME CONDITION AS WHEN DELIVERED, ANY MERCHANDISE OR MATERIALS DELIVERED TO YOU. OR YOU MAY CONTACT HOME DEPOT FOR INSTRUCTIONS REGARDING RETURN SHIPMENT AT HOME DEPOT'S EXPENSE. THE LAW REQUIRES THAT THE HOME DEPOT GIVE YOU A NOTICE EXPLAINING YOUR RIGHT TO CANCEL. PLEASE SIGN BELOW TO ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN ORAL AND WRITTEN NOTICE OF YOUR RIGHT TO CANCEL. Acknowledged by: 06/03/2024 Customer's Signature Date

The Home Depot - 2455 Paces Ferry Road, N.W. Bldg. B-3, Atlanta, Georgia 30339 - Customer Care: 1-800-466-3337

320 HVAC Agreement (21 Jul. 21) (Print) Generated Date 06/22/2021 Lead/PO# v 0.1.5 Home Improvement Agreement Page 2

4. Description of Work to be Performed A detailed description of the work to be performed is included in the paragraph entitled Scope of Work, Specification, Customer Summary Sheet, Quote Form, Estimate, Invoice or Measure which is included in this Agreement. 5. Anticipated Delivery Date / Installation Schedule Approximate Start Date: 06/03/2024 Approximate Finish Date: 06/03/2024 All dates are approximate and subject to change based on unforeseen events including inclement weather, permitting delays, and delays in confirming insurance coverage of Your claim for any repair, if applicable. 6. Electronic Records Authorization You are entitled to a paper copy of this Agreement if you choose. If you consent to an e-mailed copy, your consent applies to this Agreement and all subsequent documents and written communications related to this Agreement. By contacting your Service Provider, you may update your email address, withdraw your consent, or obtain a paper copy of the Agreement or related documents at no charge. By providing your consent and verifying your email address above, you confirm that you have access to a computer that can receive and open emails and PDF documents. 7. Contract Price and Payment Schedule Payment of the Contract Price is due upon signing unless a different payment schedule is required by law, specified below or in a payment addendum. Contract Price: $ $15,754.00 Includes all applicable taxes. Excludes finance charges.* Sales Tax: $ (If applicable, total amount of taxes included in Contract Price) *Maximum deposit ONLY applicable in MD, MA, ME (33%), NJ, WI (99%) Deposit % Deposit Amount $ 15,754.00 Remaining Balance $ 0.00 8. Finance Charges Any interest payments or other finance charges will be determined by Customer’s separate cardholder or loan agreement, to which Home Depot is NOT a party, and will be in addition to Customer’s payment under this Agreement. Customer is subject to the terms and conditions of the cardholder or loan agreement, as applicable. No funds should be made payable to Service Provider; however, Service Provider may collect Customer’s payments made payable to Home Depot. 9. Acceptance and Authorization By signing below, you authorize Home Depot to: (a) arrange for Service Provider to perform any Services or (b) order and arrange for the delivery of special order merchandise, including special order merchandise that may be custom made, as specified in this Agreement. Do not sign if blank or incomplete. (Service Provider's or permitting information may need to be provided to You later.) By signing, you acknowledge that: (i) You have read, understand, and accept this Agreement in its entirety, including the General Conditions and State Supplement, if any; (ii) You are receiving a complete copy of this Agreement; (iii) all rights and interests under this Agreement are solely vested in the person listed as “Customer” above; and (iv) Electronic signatures will be deemed originals for all purposes.

X 06/03/2024 Customer's Signature Date X XXXXXXXXXX /S/ The Home Depot 06/03/2024 The Home Depot Digital Signature Date

For questions related to your installation, contact Service Provider at 480-963-1829 For any other concerns, contact The Home Depot at 1-800-466-3337

The Home Depot - 2455 Paces Ferry Road, N.W. Bldg. B-3, Atlanta, Georgia 30339 - Customer Care: 1-800-466-3337

320 HVAC Agreement (21 Jul. 21) (Print) Generated Date 06/22/2021 Lead/PO# v 0.1.5 License Numbers

License numbers held by or on behalf of HOME DEPOT, U.S.A., INC .: AL: 05972, 06238, 51289, 1924, 16036, EMP-5701; AK: CONE25084; AZ: ROC092581, ROC252435; AR: [number redacted], MP6616; CA: 602331; CO: ME-30122, EC-7930, PC.0003126, MP.00190074; CT: HIC.533772, ELC.0203352-E1, HTG.0406972-D1, PLM.0288547-P1 DE: HM-0000772, PL-0002473; DC: [number redacted], DRM300281, PL-0002473; FL: EC0001440, EC13007199, CGC1514813, CGC1522717, CGC061641, CRC046858, CAC1813767, CAC1818831, CFC1426021, CCC1331113, CCC1331130, CCC058300; GA: GCCO005540, RBCO005730, EN216765, GAREGCN208589; GU: CLB-08-0124, R-0514-0062; HI: CT-22120; ID: 005190, RCE-19683, 022877, 024086, 024087, 022876; IL: [number redacted]; IN: PL11700034; IA: C091302, 24602, 24602; KS: 16-009627; KY: CE65260, ME65140, HM05813, M7838; LA: 883162, 43690, 43690, 557308, 43960, 883162, LMP 6987, LMNGF9285; ME: See link above; MD: 13793, 85434 42144, 76141, [number redacted]; MA: 9875, 112785, CS-107774; MI: [number redacted], [number redacted]; MN: BC147263, EA731567, MB732457, PC147263, PM-093715, PM-093716; MS: 22222-MC; MO: See link above; MT: 37730, ELE-EM- LIC-31718, PLU-PM-LIC-13784; NE: 26085, 33118; NV: 38686, 84011, 84052, 82439, 82440, 82441, 82442; NH: 4324, GFE0802907, MBE1801069; NJ: 13VH09277500, 34EB0158400, 34EI0158400; NM: C86302; NY: See link above; NC: 31521, U.30834, 34277, 33747; ND: 29073, M-3759, 1634, 1636, 1638; OH: 46992, 46992; OK: 106339, 0135514, 80003095; OR: 95843; PA: PA142212; PR: SJ-14328-CN; RI: 9480, 8422; SC: GLG110120, CLG.110120 , M104779; SD: EC3363, Wal-MD-R1104-16-1963-C, FLM-TX-R1108-16-1965C; TN: 47781, 47781, 47781, 3899, 3877; TX: TECL24447, TICL113, TACLA1574C, TACLB14980C, M16451; REGULATED BY THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, P. O. BOX 12157, AUSTIN, TEXAS 78711, 1-800-803-9202, 512-463-6599; WEBSITE: WWW.TDLR.TEXAS.GOV; RESPONSIBLE MASTER PLUMBER RICHARD W. MOORE, JR., LICENSE M16451 STATE BOARD OF PLUMBING EXAMINERS, 919 EAST 41ST STREET P.O. BOX 4200 AUSTIN, TEXAS 78745 1-800-845-6584; WT4195; DALLAS BU120698;VI: See link above; UT: 286936-5501, 286936-5501; VT: PM04663; VA: [number redacted]; WA: HOMED088RH, MOOREJR934LN, HOMEDDU825KQ, WASHICR849P6; WV: WV036104, WV036104, WV036104; WI: 1046796, 1375416, DC-[number redacted]; WY: C-40136

The Home Depot - 2455 Paces Ferry Road, N.W. Bldg. B-3, Atlanta, Georgia 30339 - Customer Care: 1-800-466-3337

320 HVAC Agreement (21 Jul. 21) (Print) Generated Date 06/22/2021 Lead/PO# v 0.1.5 Home Improvement Agreement: HVAC Installation (Scope of Work)

New Equipment and System Design Information. Needs are determined based on 12,000 BTU/Ton. Full Manual J or Heating Load Cooling Load Block Load computed Calculation(BTU): Calculation(BTU): Sensible/Latent Heat Ratio: MANUAL J 36221 36221 / Unit Brand Model Number Standard Parts Warranty ✓ AC ✓ Heat Pump Day&Night Honeywell T10 Pro Smart Manufacturer's Warranty Thermostat Air Handler Furnace PHD442000K000K_DE Manufacturer's Warranty

Coil Package Heat Pump Change Out Manufacturer's Warranty Installation Thermostat Exposed Ductwork Manufacturer's Warranty Honeywell T10 Other Miscellaneous Roof Repair Manufacturer's Warranty

Other Custom Sizes (ADD TO GRILL Manufacturer's Warranty PRICING) Labor Warranty Term (years) Deductible Price 3 5 10 Other 15 ✓ $ 95.00 None $ 0.00 1-year warranty is provided by Home Depot effective for 1 year from date of installation. Extended Warranty, if purchased, is provided by home depot through Service Net/AIG and you will receive a warranty certificate by mail from Service Net. If certificate is not received within 60 days of installation please call Service Net at (866) 413-8201. Any non-equiment work, e.g. ductwork, refrigerant replacement, venting, gas line, routine maintenance, etc., has a 1-year warranty only. Recommendations: Accepted Rejected Two new elbows, 4’ exposed duct Ductwork: ✓

Electrical:

T-10 Honeywell thermostat Thermostat: ✓

Refrigerant Line:

new roof jack to increase return size for filter 20x25 Other: ✓

Additional Notes:

CUSTOMER ACCEPTANCE - I hearby authorize the recommendations selected above. Customer acknowledges that warranties do not apply to rejected recommendations. X 06/03/2024 Customer Signature Date X 06/03/2024 Service Provider Signature Date

The Home Depot - 2455 Paces Ferry Road, N.W. Bldg. B-3, Atlanta, Georgia 30339 - Customer Care: 1-800-466-3337

320 HVAC Agreement (21 Jul. 21) (Print) Generated Date 06/22/2021 Lead/PO# v 0.1.5 Home Improvement Agreement: HVAC Installation (Scope of Work)

SCOPE OF WORK: Complete each box with YES, NO, or N/A (Not Applicable) OUTDOOR UNIT Yes No N/A REFRIGERANT AND REFRIGERANT Yes No N/A LINES New outdoor unit pad? ✓ Install and connect new refrigerant lines ✓ Use existing outdoor unit pad? Flush & reconnect existing refrigerant lines ✓ Vibration isolation pads ✓ Other: Compressor sound blanket ELECTRICAL Yes No N/A INDOOR UNIT (air handler or furnace) Yes No N/A Reconnect existing electrical at indoor unit ✓ New Evaporator Coil ✓ Reconnect existing electrical to outdoor unit ✓ Reconnect to existing flue piping ✓ New indoor electrical included in proposal ✓ New condensate pump/line/drain/overflow pan/ ✓ New outdoor electrical included in proposal ✓ safety switch Reconnect to existing condensate pump/line/drain/ overflow pan ✓ Electrical upgrade (see note) ✓ New flue piping venting through foundation, roof, wall, or chimney, and sealed ✓ New electrical whip ✓ Reconnect to existing gas or fuel line ✓ Weatherproof disconnect box ✓ New gas or fuel line - SEE NOTES ✓ Other: DUCT SYSTEM Yes No N/A COMFORT CONTROLS Yes No N/A Ductwork is properly sized @ 400cfm per ton ✓ Reconnect existing thermostat ✓ Reconnect existing ductwork to new equipment ✓ Install new thermostat ✓ New return plenum transition ✓ Zoning added ✓ New supply plenum transition ✓ Other: New return drop ductwork ✓ OTHER Yes No N/A New filter rack ✓ Permit (if required) ✓ Ductwork modifications (see notes) ✓ Remove old equipment from jobsite ✓ ACCESSORY SYSTEM Yes No N/A Remove old ductwork from jobsite ✓ All pilot lights lit (furnaces and water heaters Air Cleaner/Air Purification ✓ ✓ check out) Humidifier ✓ Clean work areas and remove trash ✓ Ventilation ✓ Other: Other: Other: NOTES: One new roof jack and 2 new elbows. Increase size of return duct 20x25

CUSTOMER ACCEPTANCE - I hearby authorize the work described above. X 06/03/2024 Customer Signature Date X 06/03/2024 Service Provider signature Date The Home Depot - 2455 Paces Ferry Road, N.W. Bldg. B-3, Atlanta, Georgia 30339 - Customer Care: 1-800-466-3337

320 HVAC Agreement (21 Jul. 21) (Print) Generated Date 06/22/2021 Lead/PO# v 0.1.5 Efficient Attic Systems - Specifications

Tarique Coleman or Karina Quiroz 0467 HD Customer Last Name Customer First Name Store # Lead #

Radiant Barrier: Amount Apply sq. ft. of Radiant Barrier Spray to the underside of the roof deck in all attic spaces over living areas, garages, patios, and porches Apply sq. ft. of Radiant Barrier Spray to the Gable Ends Apply sq. ft. of Radiant Barrier Foil Radiant Barrier Spray Total: Ventilation: Install Soffit Vents of x size on the 1st floor Install Soffit Vents of x size on the 2nd floor Install Linear feet of ridge ventilation in finish Install Air Hawk(s) in finish Install Wind Turbine(s) in finish Install Turtle Vent(s) in finish Install Solar Vent (Black only Install Power Fan(s) #1170 in finish Ventilation Total: Insulation: Blow-in sq. ft. of R , Fiberglass Insulation Blow-in an additional sq. ft. of R , Fiberglass Blow-in an approximately sq. ft. of Fiberglass Insulation in the inch space under the following in the attic Blow-in Fiberglass Insulation in the stairwell behind the sidewalls and the stair trends Install approximately sq. ft. of R Fiberglass Batt Insulation in the knee walls in the attic Install Insulation Baffles Install recess Light Dams Install Vent Dams Insulation Total: Accessories: Install Deluxe Attic Access Cover Accessories Total: TOTAL PROJECT AMOUNT:

The Home Depot - 2455 Paces Ferry Road, N.W. Bldg. B-3, Atlanta, Georgia 30339 - Customer Care: 1-800-466-3337

306 Attic AGMT (12 May 21) (Print) Generated Date Lead/PO# v 0.1.4 The Home Depot General Terms & Conditions

1. DEFINITIONS: “Agreement” means (I) the Home Improvement Agreement between You and Home Depot, (II) the following listed documents, and (III) any documents referenced in or attached to any of the following listed documents: (a) any Change Orders; (b) the State Supplement, if any; (c) these General Terms and Conditions (“General Conditions”); (d) extended installation warranty documents, if any; and (e) the Scope of Work. “Defect” means any Services that are found to be non-compliant with manufacturer’s installation instructions. “Home” means the real property, fixtures and any physical improvements where the Services are performed. “Services” means (i) the delivery and furnishing of goods, equipment, materials, and hardware; and (ii) any related labor and services, including without limitation, construction, consultation, fabrication, erection, installation, inspection, maintenance, repair, and testing. “Scope of Work” means a detailed description of work or Services to be performed, including, but not limited to, any quotes, schedules, invoices, specification sheets, proposals, confirmation emails or otherwise. “Service Provider” means an independent contractor, authorized by Home Depot, and its employees, agents, and subcontractors. “Work Area” means any property, buildings, or structures necessary for the staging, temporary storing and performance of the Services. “You”/“Your” means the customer identified in the Agreement 2. HOME DEPOT’S RESPONSIBILITIES: Home Depot or Service Provider will complete the Services in a workmanlike manner and in accordance with applicable law without causing damage to Your Home, provided, however, that Home Depot or Service Provider will not start or continue with any Services upon discovery of any condition at Your Home that Home Depot or Service Provider deems in its sole discretion to be hazardous, unsafe or, materially changes the Scope of Work. Unless specifically contracted to do so, neither Home Depot nor Service Provider is obligated to repair such pre-existing hazardous or unsafe conditions. 3. ASSIGNMENT/SUBCONTRACTING: Home Depot and Service Provider may assign this Agreement, or any right herein, or any monies due or to become due hereunder, and may delegate or subcontract any obligations or Services hereunder without Your consent. This Agreement will not be assigned by You without first receiving Home Depot’s written consent, which may be denied in Home Depot’s sole discretion. 4. YOUR RESPONSIBILITIES: (a) Payment: You agree to pay Home Depot in full for the Services pursuant to the terms of this Agreement. (b) Safe Access: You agree to provide Home Depot and Service Provider Safe Access to Your Home. Safe Access means safe and complete access to the Work Area, including, without limitation: (1) obtaining in advance of the Services consent, permission, or relief from any covenants, easements, restrictions, or other legal encumbrances affecting the Work Area; (2) providing the location of utilities, whether underground, concealed, overhead or visible, to Home Depot or Service Provider; (3) removing from the Work Area physical impediments, hazards, and building code or zoning violations that affect directly or indirectly the Work Area; (4) removing unsafe working conditions and hazardous materials, including environmental hazards, from the Work Area; (5) providing sanitary facilities to Home Depot or Service Provider convenient to the Work Area (or, alternatively, paying for the rental costs of such facilities); (6) providing all utilities, including without limitation, power, water, ventilation and climate control, in and for the Work Area; (7) removing from and protecting against minors, pets, guests and visitors in the Work Area; (8) keeping permits, if required, visible at all times; (9) disengaging, suspending or terminating any security systems protecting the Work Area; (10) providing adequate temporary storage space as needed for Home Depot’s or Service Provider’s performance of the Services; and (11) not interfering, impeding, impacting or otherwise disrupting the Work Area at any time during Home Depot’s or Service Provider’s performance of the Services. (c) No Performance: Services are to be performed by Home Depot or Service Provider. If You attempt to perform or assist with the Services in any way, You assume all risk for property damage and for injury to Yourself and others.

The Home Depot - 2455 Paces Ferry Road, N.W. Bldg. B-3, Atlanta, Georgia 30339 - Customer Care: 1-800-466-3337

Terms & Conditions (12 May 21) (C E H I O S) Generated Date 06/22/2021 Lead/PO# v 20.0.0 The Home Depot General Terms & Conditions

5. MODIFICATIONS AND CHANGE ORDERS: Without invalidating this Agreement, You may authorize Home Depot or Service Provider to perform Services beyond the scope of the Agreement (“Change Order”). A Change Order will be issued by Home Depot or Service Provider on behalf of Home Depot, which You may accept by signing. Upon Your signing of the Change Order, it will become part of this Agreement, subject to all of the terms of the Agreement. Change Order may also result from Home Depot or Service Provider encountering conditions at the Work Area that impact, impede or otherwise interfere with the performance of the Services, requiring an increase in cost, time, or both. Following the discovery of any conditions that impact, impede or otherwise cause the Work Area not to have Safe Access, Home Depot may immediately ask for a Change Order or discontinue the Services without further obligation to You. Home Depot may also ask for a change order in the event of errors or omissions in measurements or quantities used to determine the Contract Price. If You decline a Change Order request, You or Home Depot may terminate this Agreement.

6. TITLE AND RISK OF LOSS: The title to and risk of loss for any materials or goods provided to You that originate from Home Depot will pass to You when paid in full by (1) You or (2) the Service Provider as part of the Services. Title to any other materials or goods provided by Service Provider will pass to You upon completion of the Services. 7. WARRANTY LIMITATION ON WARRANTIES AND DAMAGES: (a) Warranty: Unless otherwise stated in the Agreement, Home Depot warrants for 1 year from the completion date (the “Warranty Period”) that all Services will: (i) be performed with good workmanship and (ii) conform to the requirements of the Agreement. During the Warranty Period and within a reasonable time after receiving notice from You of a warranty claim, Home Depot may, at its sole discretion (I) correct or replace each Defect, (II) authorize the correction or replacement of each Defect; or (III) remove each Defect and refund all or a proportional amount of the Contract Price thereof to You; provided, however, that all warranties are voided if (1) anyone other than Home Depot or Service Provider performs work upon or otherwise modifies any materials or Services provided under this Agreement; or (2) You fail to pay Home Depot in full as provided in this Agreement. Any warrantable corrections, replacements or repairs made in accordance with this Agreement will not extend the Warranty Period. (b) Limitation on Warranties: THE WARRANTIES PROVIDED IN THIS AGREEMENT ARE STRICTLY LIMITED TO THE FOREGOING EXPRESS WARRANTIES CONTAINED IN THIS PARAGRAPH IN THE WARRANTY SECTION OF THE AGREEMENT, IF ANY. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER WARRANTIES ARE MADE OR GIVEN BY HOME DEPOT OR SERVICE PROVIDER, INCLUDING ANY WARRANTY FOR FITNESS OF PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER ORAL, EXPRESS OR IMPLIED WARRANTIES. HOME DEPOT'S EXPRESS WARRANTIES ARE VOIDED FOR ANY DEFECT CAUSED BY ABUSE, MISUSE, NEGLECT, ACTS OF GOD, LACK OF PRESCRIBED OR STANDARD MAINTENANCE, OR IMPROPER CARE/CLEANING. ANY MANUFACTURER'S WARRANTIES PROVIDED FOR GOODS, MATERIALS, OR EQUIPMENT WILL BE PASSED THROUGH BY HOME DEPOT TO YOU, AND YOU AGREE TO LOOK SOLELY TO SUCH MANUFACTURER FOR REMEDY OF ANY DEFECT IN SUCH GOODS, MATERIALS, AND EQUIPMENT. HOME DEPOT MAY ASSIST YOU WITH WARRANTY CLAIMS AGAINST MANUFACTURERS. (c) Limitation on Damages. Home Depot will not be liable to YOU for indirect, incidental, special, punitive or consequential damages RESULTING FROM PERFORMANCE OF THE SERVICES, including, BUT NOT LIMITED TO, damages for lost opportunities, OR lost profits. 8. TERMINATION: This Agreement may be terminated by Home Depot for its convenience, and by either party for cause if the other party fails to correct a material breach within ten (10) days after receiving notice from the non-breaching party identifying the breach. In the event Home Depot terminates this Agreement because You fail to provide Safe Access to perform the Services, or if either party terminates the Agreement because You decline a Change Order request resulting from unforeseen, hazardous, or unsafe conditions or conditions that materially changes the Scope of Work, then You will pay Home Depot for Services provided through the date of termination plus any costs or expenses incurred by Home Depot or Service Provider as a result of the termination.

The Home Depot - 2455 Paces Ferry Road, N.W. Bldg. B-3, Atlanta, Georgia 30339 - Customer Care: 1-800-466-3337

Terms & Conditions (12 May 21) (C E H I O S) Generated Date 06/22/2021 Lead/PO# v 20.0.0 The Home Depot General Terms & Conditions

9. CHOICE OF LAW; SEVERABILITY: This Agreement will be governed by and interpreted in accordance with the laws of the State where the Project is physically located. The parties intend for the terms and conditions in the Agreement to be complementary, consistent, and enforceable under applicable laws. In the event any term or condition in the Agreement violates applicable law, such term or condition will be severed from the Agreement, but only to the extent necessary to avoid such violation, without invalidating any other terms and conditions of the Agreement. 10. ENTIRE AGREEMENT: This Agreement is the final, integrated, and exclusive expression of the parties’ understanding, which supersedes all prior offers, orders, understandings, representations, proposals, confirmations, and negotiations between the parties, whether oral or written. No course of dealing, usage of trade, course of performance, course of conduct, or any other evidence of additional or different terms will be admissible to contradict or vary any term in the Agreement. 11. SECURITY INTERESTS; LIENS: If You make all payments as required under this Agreement, no security interest will be placed against Your property by Home Depot. If a security interest is placed on Your property, it creates a lien, mortgage, or other claim against Your property to secure payment and may cause a loss of Your property if You fail to pay as requested. After paying on any completed phase of the Services and before making any further payments, You should request from Home Depot or Service Provider a signed, unconditional release from, or waiver of, any right to place any claim against Your property applicable to the work then completed. You may ask an attorney about Your rights to discharge security interests. 12. RETURNS: Custom order merchandise (i.e., goods that are custom made, uniquely altered, colormatched, shaped, sized, or otherwise uniquely designed or fitted to the requirements of a particular space) is non-returnable, and its Contract Price cannot be refunded unless Home Depot or Service Provider (1) incorrectly ordered item, or (2) damaged item beyond repair. Special or custom order merchandise may be returned, and a refund for all or part of the Contract Price provided, in the discretion of Home Depot. Please contact The Home Depot for additional details concerning returns. 13. AGREEMENT/SERVICE ORDER COMMUNICATION PREFERENCES: You can visit www.homedepot.com > In-Store Special Orders at any time to access Your account for the following: (1) Update Your Agreement/ Service Order Communication Preferences (email, text, Auto Call); (2) Contact Home Depot for order assistance; (3) View latest order status; or (4) Take action to schedule pickup for Your Service Orders. To stop any of the following communications You may visit www.homedepot.com > In-Store Special Orders to access Your account to update Your Agreement/Service Order Communication Preferences, contact The Home Depot, and take action on orders. If You signed up to receive updates about Your Agreement/Service Order(s) via: (a) Text Message Communications, You may receive multiple messages per order (including current and future orders) via automated technology to the mobile phone number You provided. The total number of messages received depends on the number of orders placed and order activity. Standard message and data rates apply. Not all carriers covered. You can text STOP to 97710 to stop (You will be sent a confirmation message). Call 1-877-467-2581 or 1-800-466-3337 for help; (b) Electronic voice communications (Auto Call), You may receive multiple pre-recorded phone calls per order (including current and future orders) via automated technology to the phone number You provided. The total number of calls received depends on the number of orders placed and order activity. You can press 9 during a call to opt out or call 800-HOME-DEPOT for help; or (c) Email Communications, You may receive multiple Emails per order (including current and future orders) via automated technology to the Email address You provided. The total number of Emails received depends on the number of orders placed and order activity. 14. LEAD PAINT: Homes built prior to 1978 may require additional testing to determine if lead paint is present, and additional precautions if lead paint is present. You will be informed by Your Service Provider of any additional costs resulting from lead paint requirements prior to performing the Work. For additional information, visit www.epa.gov/lead/renovation-repair-and-painting-program.

The Home Depot - 2455 Paces Ferry Road, N.W. Bldg. B-3, Atlanta, Georgia 30339 - Customer Care: 1-800-466-3337

Terms & Conditions (12 May 21) (C E H I O S) Generated Date 06/22/2021 Lead/PO# v 20.0.0 ARIZONA SUPPLEMENT

LN Tarique Coleman or Karina Quiroz 0467 HD Customer Last Name Customer First Name Store # / Branch Name Lead/Customer Order # Andres Bautista Andres Bautista Salesperson’s Name (if any) The terms and conditions of this Addendum apply to all Home Depot Home Improvement Agreements in Arizona and are expressly made a part of all such agreements. In the event of any conflict, inconsistency or discrepancy between the terms of Your Home Improvement Agreement and this Arizona Supplement, the terms of this Supplement will control. NOTICE TO CUSTOMER 1. Do not sign this agreement if any of the spaces intended for the agreed terms to the extent of then available information are left blank. 2. You are entitled to a copy of this agreement at the time You sign it. 3. You may pay off the full unpaid balance due under this agreement at any time, and in so doing You shall be entitled to a full rebate of the unearned finance and insurance charges. 4. You may cancel this agreement any time prior to midnight of the third - business day after the date of this transaction. See the attached Notice of Cancellation form for an explanation of this right.

5. It shall not be legal for the seller to enter Your premises unlawfully or commit any breach of the peace to repossess goods purchased under this agreement.

You are not required to make progress payments if Installation will be completed within sixty (60) calendar days. You may be required to make progress payments if the work to be performed under this Agreement will not be completed within sixty (60) calendar days. You should receive from Home Depot a certified and approved billing or estimate of the work performed before making any progress payments. Any such payments shall be made on a monthly basis. If You do not make a timely payment under this Agreement, Home Depot may charge You interest at the rate of one and one-half percent (1.5%) a month or fraction of a month on the unpaid balance, or at a higher rate as You and Home Depot may determine and agree. Under Arizona law, in any action or arbitration brought to collect payments or interest under this Agreement, the successful party shall be awarded costs and attorney’s fees in a reasonable amount. You have the right to file a written complaint with the Registrar of Contractors for an alleged violation of any of the provisions of A.R.S. § 32-1154, subsection A. Any complaints must be filed within the applicable time period as set out in A.R.S. 32-1155. The Registrar can be reached via telephone at 1-602-542-1525 or online at www.azroc.gov. The Following Applies Only to Repairs Resulting From a Result of a Catastrophic Storm In addition to the cancellation rights described on the attached cancellation notice, if this contract is for residential repair or replacement of damage resulting directly from a catastrophic storm in a specific area that is designated by an insurer, You may cancel this contract at any time within seventy-two hours after You have been notified that Your insurer has denied Your claim to pay for the goods and services to be provided under this contract; and You may cancel this contract at any time, for any reason, within four - business days after signing this contract.

AZ State Sup. (22 Jun. 21) (DS-C E I) Generated Date 06/22/2021 Lead/PO# v 15.1.2 ARIZONA REQUIREMENTS FOR REPAIR ESTIMATE ON CONTRACTS FOR REPAIR OF DAMAGE RESULTING DIRECTLY FROM A CATASTROPHIC STORM

(a) A precise description and location of all damage claimed on the repair estimate. (b) For roofing repair or replacement, a detailed description of the work to be done including the square footage of the repair area or the replacement area. (c) If the damaged areas are not included in the repair estimate, a specification of those areas and any reason for their exclusion from the repair estimate. (d) Whether or not the property was inspected before the preparation of the estimate and the nature of that inspection, specifically whether the roof was physically accessed. (e) That a contractor has made no assurances that the claimed loss will be covered by an insurance policy. (f) That the policyholder is responsible for payment for any work performed if the insurer should deny payment or coverage for any part of the loss. Documentation to support the damage claimed on the estimate, and a detailed description and itemization of any emergency repairs already completed is attached to this supplement.

AZ State Sup. (22 Jun. 21) (DS-C E I) Generated Date 06/22/2021 Lead/PO# v 15.1.2 NOTICE OF CANCELLATION

Date of Transaction: 06/03/2024 Lead/Customer Order #

You may CANCEL this transaction, without any Penalty or Obligation, within THREE (3) BUSINESS DAYS from the above date. If You cancel, any property traded in, any payments made by You under the contract or sale, and any negotiable instrument executed by You will be returned within TEN (10) BUSINESS DAYS following receipt by the seller of Your Cancellation Notice, and any security interest arising out of the transaction will be canceled. If You cancel, You must make available to the seller at Your residence, in substantially as good condition as when received, any goods delivered to You under this contract or sale, or You may, if You wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If You do make the goods available to the seller and the seller does not pick them up within TWENTY (20) CALENDAR DAYS of the date of Your Notice of Cancellation, You may retain or dispose of the goods without any further obligation. If You fail to make the goods available to the seller, or if You agree to return the goods to the seller and fail to do so, then You remain liable for performance of all obligations under the contract. To cancel this transaction, mail, deliver, or email a signed and dated copy of this Cancellation Notice, or any other written notice, or send a telegram, to:

[email redacted] NO FAX (Email Address/ Fax # of seller or seller’s authorized representative) Environmental Conditioning LLC (Print/type name of seller or seller’s authorized representative) 3636 E Anne St. Ste A Phoenix AZ 85040 (Address) (City) (State) (Zip) NOT LATER THAN MIDNIGHT OF: 06/05/2024 (Date – THREE (3) BUSINESS DAYS from the date of transaction) I HEREBY CANCEL THIS TRANSACTION.

(Date)

(Buyer's Signature)

(Buyer’s printed name)

FTC NOC (22 Jun. 21) (DS-C E I) Generated Date 06/22/2021 Lead/PO# v 22.1.2 NOTICE OF CANCELLATION (required duplicate)

Date of Transaction: 06/03/2024 Lead/Customer Order #

[email redacted] NO FAX (Email Address/ Fax # of seller or seller’s authorized representative) Environmental Conditioning, LLC (Print/type name of seller or seller’s authorized representative) 3636 E Anne St. Ste A Phoenix AZ 85040 (Address) (City) (State) (Zip) NOT LATER THAN MIDNIGHT OF: 06/05/2024 (Date – THREE (3) BUSINESS DAYS from the date of transaction) I HEREBY CANCEL THIS TRANSACTION.

(Date)

(Buyer's Signature)

(Buyer’s printed name)

FTC NOC (22 Jun. 21) (DS-C E I) Generated Date 06/22/2021 Lead/PO# v 22.1.2 Picture 1 Jobsite Inspection Photos