2024A-07013-CHC-ROC Notice of Hearing & Packet MAILED 2024-07013.pdf

2024A-07013-CHC-ROC · Registrar of Contractors · 2024-08-15

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark Van Ark , Case No. 2024-07013

COMPLAINANT, Docket No. 2024A-07013-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE W D L Builders LLC License No. ROC 193201,

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

HEARING INFORMATION The hearing is set for:

October 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 July 24, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

Charge: 3 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

Charge: 4 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 August 15, 2024.

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

Copy mailed via USPS First Class mail August 15, 2024 to:

Respondent(s) W D L Builders LLC 7106 Long Rd Show Low, AZ 85901 Complainant(s) Mark Van Ark 8546 E Wood Dr. Scottsdale, AZ 85260

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. 2024-07013 /

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

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

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

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

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

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

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

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

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

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

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

Complainant: Mark Van Ark 8546 E. Wood Drive Scottsdale, AZ 85260

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: W D L Builders LLC DBA: 7106 Long Rd Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 June 24, 2024

Re: Complaint No. 2024-07013

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Wednesday, June 26, 2024 at 11:00 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,

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

Cc: File Choose an item. Choose an item. Choose an item. Choose an item.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Complainant Attorney:

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Respondent Attorney:

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.: 2024-07013 Investigator: Miles Crosby Inspection Date: Wednesday, June 26, 2024 Inspection Time: 11:00 AM

Jobsite Address: 2572 Cedar Pine Lane Pinetop, AZ 85935

Complainant: Mark Van Ark Respondent: W D L Builders LLC Not Present: Not Present:

Jobsite General Notes:

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

The Respondent was unable to be present for the JSI, however this has no bearing on the substantiation of the complaint items.

Items of Complaint 1 – 7 have been substantiated and should be corrected by appropriate means. As the contract does not meet the ARS 32-1158 Minimum Elements of a Contract, by not including an estimate completion date (to be address with appropriate warning letter) I cannot determine where the progress should be to this point. However, it would be reasonable to expect that the work be completed diligently at the agreed upon price and any documentation to support diverging from the contract be provided to the Complainant and me for the case file. Without these items I can only determine that the work should be corrected or continued by appropriate means by the Respondent working diligently during the duration of the Written Directive.

Complaint Item: 1 - Per referral from PHX ROC & our phone call Chris, this contractor not working in a timely manor and continues to no sho Investigator’s Observation: I observed the condition of the residence to be as described in the complaint item. However, this is in progress work and there is not estimated date of completion in the contract. This should be in the contract and the Respondent should correct/continue work in a diligent like manner to fulfill the contract or have supporting documentation to justify the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

delay. Respondent should show diligent progress within the duration of the Written Directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

Complaint Item: 2 - Sheer inspection completed on 3-28-2024 and still do not have house covered in house wrap for dry in. Investigator’s Observation: I observed the condition of the residence to be as described in the complaint item. However, this is in progress work and there is not estimated date of completion in the contract. This should be in the contract and the Respondent should correct/continue work in a diligent like manner to fulfill the contract or have supporting documentation to justify the delay. Respondent should show diligent progress within the duration of the Written Directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

Complaint Item: 3 - insulation and drywall in and monsoon now getting sheer wet and some insulation due to not completing siding. Investigator’s Observation: I observed the condition of the residence to be as described in the complaint item. However, this is in progress work and there is not estimated date of completion in the contract. This should be in the contract and the Respondent should correct/continue work in a diligent like manner to fulfill the contract or have supporting documentation to justify the delay. Respondent should show diligent progress within the duration of the Written Directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

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

Complaint Item: 4 - Trex and Siding has been on site since mid May and only some siding has been installed. Investigator’s Observation: I observed the condition of the residence to be as described in the complaint item. However, this is in progress work and there is not estimated date of completion in the contract. This should be in the contract and the Respondent should correct/continue work in a diligent like manner to fulfill the contract or have supporting documentation to justify the delay. Respondent should show diligent progress within the duration of the Written Directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

Complaint Item: 5 - Rear doors installation still not completed. Investigator’s Observation: I observed the condition of the residence to be as described in the complaint item. However, this is in progress work and there is not estimated date of completion in the contract. This should be in the contract and the Respondent should correct/continue work in a diligent like manner to fulfill the contract or have supporting documentation to justify the delay. Respondent should show diligent progress within the duration of the Written Directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

Complaint Item: 6 - Drywallers have demonstrated that the front and rear walls are so loose that they are able to push on them and sway them Investigator’s Observation: I observed the condition of the residence to be as described in the complaint item. However, this is in progress work and there is not estimated date of completion in the contract. This should be in the contract and the Respondent should correct/continue work in a diligent like manner to fulfill the contract or have supporting documentation to justify the delay. Respondent should show diligent progress within the duration of the Written Directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

Complaint Item: 7 - floor glue lambs not fastened correctly Investigator’s Observation: RI observed the condition of the residence to be as described in the complaint item. However, this is in progress work and there is not estimated date of completion in the contract. This should be in the contract and the Respondent should correct/continue work in a diligent like manner to fulfill the contract or have supporting documentation to justify the delay. Respondent should show diligent progress within the duration of the Written Directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 8 - Have downloaded the photos of 10 am and 2 pm for May and June to show how seldom anyone shows up. Investigator’s Observation: This is a general statement and does not implicate a specific workmanship issue. It therefore and cannot be evaluated by the ROC. Governing Rule: Not Applicable

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

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

Complaint #2024-07013 P 1 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 2 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 3 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 4 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 5 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 6 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 7 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 8 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 9 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 10 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 11 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 12 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 13 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 14 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 15 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 16 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 17 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 18 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 19 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 20 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 21 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 22 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 23 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 24 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 25 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 26 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 27 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 28 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 29 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 30 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 31 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 32 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 33 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 34 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 35 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 36 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 37 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 38 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 39 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 40 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 41 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 42 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 43 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 44 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 45 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 46 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 47 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 48 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 49 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 50 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 51 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 52 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 53 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 54 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 55 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 56 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 57 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 58 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 59 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 60 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 61 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 62 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 63 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 64 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 65 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 66 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 67 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 68 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 69 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 70 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 71 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 72 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 73 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 74 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 75 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 76 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 77 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 78 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 79 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 80 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 81 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 82 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 83 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 84 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 85 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 86 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 87 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 88 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 89 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 90 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 91 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 92 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 93 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 94 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 95 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 96 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 97 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 98 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 99 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 100 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 101 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 102 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 103 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 104 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 105 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 106 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 107 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 108 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 109 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 110 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 111 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 112 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-07013 P 113 JSI 7/19/2024 @ 11:00 AM JSI PHOTOS Complainant: Mark Van Ark 8546 E. Wood Drive Scottsdale, AZ 85260

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: W D L Builders LLC DBA: 7106 Long Rd Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 28, 2024

License No. ROC 193201

Re:Complaint No. 2024-07013

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, July 19, 2024.

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

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

Complaint Item: 1 - Per referral from PHX ROC & our phone call Chris, this contractor not working in a timely manor and continues to no show Investigator’s Observation: I observed the condition of the residence to be as described in the complaint item. However, this is in progress work and there is not estimated date of completion in the contract. This should be in the contract and the Respondent should correct/continue work in a diligent like manner to fulfill the contract or have supporting documentation to justify the delay. Respondent should show diligent progress within the duration of the Written Directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing

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 and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: 5 - Rear doors installation still not completed. Investigator’s Observation: I observed the condition of the residence to be as described in the complaint item. However, this is in progress work and there is not estimated date of completion in the contract. This should be in the contract and the Respondent should correct/continue work in a diligent like manner to fulfill the contract or have supporting documentation to justify the delay. Respondent should show diligent progress within the duration of the Written Directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

Complaint Item: 6 - Drywallers have demonstrated that the front and rear walls are so loose that they are able to push on them and sway them Investigator’s Observation: I observed the condition of the residence to be as described in the complaint item. However, this is in progress work and there is not estimated date of completion in the contract. This should be in the contract and the Respondent should correct/continue work in a diligent like manner to fulfill the contract or have supporting documentation to justify the delay. Respondent should show diligent progress within the duration of the Written Directive. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: 8 - Have downloaded the photos of 10 am and 2 pm for May and June to show how seldom anyone shows up. Investigator’s Observation: This is a general statement and does not implicate a specific workmanship issue. It therefore and cannot be evaluated by the ROC. Governing Rule: Not Applicable

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

Sincerely,

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

CC: Complainant Respondent

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark Van Ark, Case No. 2024-07013 COMPLAINANT, v.

W D L Builders LLC, CITATION License No. ROC 193201,

RESPONDENT.

The Registrar issues this Citation to W D L Builders LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 8, 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 24, 2024, Mark Van Ark (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

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 Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge :3 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :4 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. 2024-07013. How to File a Written Answer: Respondent’s written answer may be submitted in the

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 following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 8, 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.

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

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 Registrar. Dated July 24, 2024. By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 24, 2024 to: Respondent Certified Mail No: [number redacted] W D L Builders LLC 7106 Long Rd Show Low, AZ 85901

Copy mailed by USPS First Class Mail this same date to: Respondent W D L Builders LLC 7106 Long Rd Show Low, AZ 85901 Complainant Mark Van Ark 8546 E Wood Dr Scottsdale, AZ 85260 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. 2024-07013

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 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)

Mark Van Ark Mailing Address (Enter jobsite in Contract/Project section) City State Zip

8546 E. Wood Drive Scottsdale Arizona 85260 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)

W D L Builders LLC ROC 193201 Street Address City State Zip

7106 Long Rd Show Low AZ 85901 Phone Number Email

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

Walter Long Contract/Project Information Contract Date Contract Amount Amount Paid

June 16, 2024 $108,301.00 $60,000.00 Date Work Started Date Work Stopped Date Work Was Completed

January 22, 2024 June 18, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

2572 Cedar Pine Lane Pinetop AZ 85935 Name of Construction Site Owner Construction Site Name (if applicable)

Mark van Ark Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment I have contacted the contractor by Have you filed a complaint in court? No

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

Has any work been corrected? Yes Framers The contract was Written All change orders were Oral This project was Residential This project involved New Home

A building permit was obtained by Property Owner 1168412 Pinetop Lakeside 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)

Besides several items that can be fixed. The major complaint is they continue to promise to show up and then will ghost me for a week. Walter's response is I have other jobs to do. This was not the expectation that was conveyed when the contract was entered. Damage will be done by not protecting the home with house wrap and siding. Allegations Listed on Complaint:

Per referral from PHX ROC & our phone call Chris, this contractor not working in a timely manor and continues to no sho

Sheer inspection completed on 3-28-2024 and still do not have house covered in house wrap for dry in.

insulation and drywall in and monsoon now getting sheer wet and some insulation due to not completing siding.

Trex and Siding has been on site since mid May and only some siding has been installed.

Rear doors installation still not completed.

Drywallers have demonstrated that the front and rear walls are so loose that they are able to push on them and sway them

floor glue lambs not fastened correctly

Have downloaded the photos of 10 am and 2 pm for May and June to show how seldom anyone shows up.

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

Mark Van Ark \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 November 9, 2023

PROPOSAL SUBMITTED TO MARK VAN ARK RE: VAN ARK REAK ESTATE GROUP 2572 CEDAR PINE LANE PINETOP, AZ

WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR

1. INSTALL GREEN PLATE, RIM BOARD &TGI’S 2. SHEET FLOOR 3. FRAME EXTERIOR & INTERIOR WALLS 4. FRAME DECKS 5. SHEER EXTERIOR WALLS 6. SET TRUSSES 7. SHEET ROOF 8. INSTALL DRYWALL BACKING THROUGH-OUT HOUSE 9. INSTALL HARDWARE & STRAPPING 10. WE WILL SUPPLY THE CRANE 11. INSTALL WINDOWS 12. INSTALL EXTERIOR DOORS 13. TOTAL AMOUNT OF BID $66,373.00

• INSTALL SIDING & TRIM $24,291.00

• INSTALL T&G DECK LIDS $4,607.00

• INSTALL DECKING, BUILD HANDRAILS & EXT STAIRS $13,030.00

WE PROPOSE HEREBY LABOR- COMPLETED IN ACCORDANCE WITH ABOVE SPECIFICATIONS, ALSO WORK DONE, COMPLETED AND PERFORMED IN A THOROUGH WORKMANLIKE MANNER BY SKILLED WORKMEN WITH BEST STANDARDS WITH CODE IN TRADE:

SIXTY-SIX THOUSAND THOUSAND THREE HUNDRED SEVENTY-THREE DOLLARS AND NO/XX— TWENTY-FOUR THOUSAND TWO HUNDRED AND NINETY-ONE DOLLARS AND NO/XX- FOUR THOUSAND SIX HUNDRED AND SEVEN DOLLARS AND NO/XX— THIRTEEN THOUSAND THIRTY DOLLARS AND NO/XX-- THERE WILL BE A $150.00 CHARGE ON ANY CHANGE OR ADD DEPENDING ON THE CHANGE OR ADD.

PAYMENT TO BE MADE AS FOLLOWS: 33% START & 33% WHEN READY FOR TRUSSES & 33% UPON COMPLETION OF FRAMING THIS BID IS VOID IN 30 DAYS

If you have any quesXons, please feel free to contact Walter @ 928-242-3330

Signature_______________________________________ CONTRACTOR

Signature_______________________________________

CONTRACTOR Received 8/7/2024 ROC Legal

Walter Long WDL Builders LLC 7106 Long Rd. Show Low, AZ 85901 (928) 242-3330 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA In Re the Matter of: ) ) MARK VAN ARK ) Case No.: 2024-07013 Complainant, ) ) WRITTEN ANSWER TO CITATION AND v. ) COMPLAINT WDL BUILDERS LLC ) ) License No. ROC 193201 ) Respondent. ) ) Respondent, WDL Builders LLC, by and through its principal, Walter Long, hereby submits its Written Answer to Citation and Complaint. Respondent answers as follows: Charges 1, 2, &4: Respondent did not abandon or otherwise refuse to perform the work he was contracted to do, he performed all work in a professional and workmanlike manner, and was unable to comply with the Registrar’s directive due to Complainant’s action/inaction. Complainant was given a quote for framing the home, installing siding and trim, installing tongue and grove deck lids, and installing decking (to include building the handrails and exterior stairs). Pursuant to the agreement of the parties, Complainant would pay 33% of the quoted price at the start of each separately quoted project. Complainant paid $60,000 towards the framing quote but has yet to pay the $6,373 balance in the months since the framing project was completed. Additionally, Complainant has not paid any monies towards the installing of siding and trim nor the building of exterior stairs. When asked about said sums, Complainant would make excuses and assure Respondent that he would “go get cash”.

Received 8/7/2024 ROC Legal

On June 20, 2024, Complainant notified Respondent that he would be hiring another contractor

to finish the project. Complainant was upset that Respondent had not been present at the jobsite the week before even though Respondent had previously informed Complainant that his son, and employee, was getting married that week and they would not be working on the project. This was the last contact that Respondent had with Complainant. After receiving notice of the complaint made against him, Respondent made several more attempts to contact Complainant to ascertain whether he wanted Respondent to complete the project. Complainant refused to respond to all attempts. ROC inspector, Miles Crosby, was aware of this fact but continued to encourage Respondent to “work it out” with Complainant. Although Respondent received a written directive from the registrar to continue work on the project in a “diligent like manner”, Complainant refuses to communicate with Respondent. Accordingly, Complainant’s declaration that he would be hiring another contractor to complete the project stands as a barrier to Respondent performing any work on the project after June 20, 2024. Charge 3: Respondent admits that the subject contact was technically deficient. However, Respondent took corrective action as directed by the Registrar and all contracts moving forward will contain the requisite provisions. Pursuant to A.R.S. § 32-1158C, said technical deficiencies do not in any way effect the formation or enforcement of the contract between the parties. Accordingly, Complainant’s failure to pay Respondent sums due and owing is a material breach relieving Respondent from performance until such time as Complainant cures said breach by paying the monies due and owing. Due Process Respondent affirmatively alleges that he has been denied due process in this matter. Pursuant to A.R.S. § 32-1155D1, Respondent was to be given 15 days to inspect the work complained of in the Complaint. Complainant refused to have any contact with Respondent and Mr. Crosby repeatedly directed Respondent to contact Complainant directly. As a result, Respondent was unable to inspect the work and A.R.S. § 32-1155D1 prohibits the registrar from issuing a citation in such instances.

Respondent was provided a copy of the complaint on June 24, 2024 and notified that an

inspection had been scheduled for June 26, 2024. According to the included documentation, the primary

Received 8/7/2024 ROC Legal

purpose for a jobsite inspection is to “give the contractor an opportunity to inspect the complaint items”.

If the contractor cannot inspect the work, “the Registrar will not move forward with a citation”. Respondent was advised that “if you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests”. On June 25, 2024, Respondent’s son and project manager for the subject project was life flighted to a Phoenix hospital where he underwent emergency heart surgery. ROC inspector Miles Crosby was contacted and asked to reschedule the inspection as invited in his June 24, 2024 letter. The request was summarily denied and the inspection went forward as scheduled just 2 days after Respondent was given notice of the complaint even though he had no ability to attend. Conclusion Respondent was under no duty to continue work as Complainant had breached the agreement by failure/refusal to pay as agreed. Even if Complainant had made timely payment, he put Respondent on notice that he was hiring another contractor to finish the work; thereby prohibiting Respondent from continuing. At no time during this process has Complainant changed his position that he wants another contractor to complete the work even though Respondent has made several attempts to inquire regarding the same; all of which Complainant has refused to answer. Lastly, Respondent was denied due process by ROC inspector Miles Crosby and the Registrar is prohibited from pursuing the present Citation pursuant to A.R.S. § 32-1155D1. Request for Informal Settlement Conference Pursuant to A.R.S. § 41-1092.06, Respondent hereby requests that an informal settlement conference be held. RESPECTFULLY SUBMITTED this 7th day of August, 2024. ___________________________ Walter Long WDL Builders LLC

Received 8/7/24, 4:04 PM State of Arizona Mail - WDL Builder’s Response to Citation Case No. 2024-07013 8/7/2024 ROC Legal

Answers - AZROC <[email redacted]>

WDL Builder’s Response to Citation Case No. 2024-07013 message

[email redacted] <[email redacted]> Wed, Aug 7, 2024 at 3:37 PM To: [email redacted]

To whom this may concern: This email is in written response to WDL Builder’s Citation. Case No. 2024-07013.

Regards Walter Long

Sent from my iPhone

[number redacted].pdf 165K

https://mail.google.com/mail/b/AEoRXRRL5oj3n_7Ay-dlDMfO0eZC6RBpmHxCNvBFEd6IEJqE2kNo/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 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