2024A-07183-NPC-ROC Notice of Hearing & Packet MAILED 2024-07183.pdf

2024A-07183-NPC-ROC · Registrar of Contractors · 2024-11-06

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Maverick Flooring & Moulding, Case No. 2024-07183

COMPLAINANT, Docket No. 2024A-07183-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Teancum LLC DBA: Custom Design Build & Remodel License No. ROC 337798, RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

December 18, 2024 1:00 PM Nicole Robinson 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 August 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)(10)

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.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES

The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated November 6, 2024.

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

Copy mailed via USPS First Class mail November 6, 2024 to:

Respondent(s) Teancum LLC DBA: Custom Design Build & Remodel 2036 N Gilbert RD # 2-155 Mesa, AZ 85203

Complainant(s) Maverick Flooring & Moulding 250 N Gilbert Road Mesa, AZ 85203

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. 2024-07183 /

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

Received 6/26/2024 ROC Legal

June 26, 2024

Arizona Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007

RE: Written Statement for Complaint No. 2024-07183

This is my official statement about how my company, Maverick Flooring and Moulding, handles transactions with contractors for materials being sold to them. When a contractor visits my store to purchase materials such as flooring, I request a 50% deposit for the invoice, with the balance to be paid upon picking up the materials. The invoice serves as the official contract outlining the terms of the purchased materials.

Ernie Merrill of Custom Design Build and Remodel agreed to the payment terms stated on Invoice 1033, which required a 50% deposit, with the remaining balance to be paid in full upon picking up the materials. This agreement was mutually agreed upon in our discussion, and Ernie made the 50% deposit. Ernie had called me at my store on August 18, 2023, and told me they would start picking up the flooring on August 24, 2023. I told Ernie that the balance would need to be paid for the materials to be released as agreed upon the terms. He said he would stop by my office and pay the balance on August 25. I informed him there was no problem and released a partial materials pick-up on August 24, 2023. However, Ernie did not show up at my office on August 25, 2023. I have made several attempts to reach out to Ernie's office assistant, Lisa Beers, and Ernie himself to follow up on the balance payment.

Despite my repeated attempts to get the payment for the balance, Ernie Merrill of Custom Design Build and Remodel has refused to pay the $6,474.78 owed for Invoice 1033, dated August 1, 2023.

--- Star Caudillo Owner Maverick Flooring and Moulding (480)597-6379, office

 250 N. Gilbert Rd. Mesa, AZ 85203  (480)597-6379  [email redacted] Received 6/28/24, 8:33 AM State of Arizona Mail - No Pay Notice - 2024-07183 6/26/2024 ROC Legal

Legal New Mail - AZROC <[email redacted]>

No Pay Notice - 2024-07183 Star Caudillo <[email redacted]> Wed, Jun 26, 2024 at 2:56 PM To: Legal New Mail - AZROC <[email redacted]>

Hi,

Attached is my written statement how my company, Maverick Flooring and Moulding, handles transactions with contractors for materials being sold to them.

With kind regards,

Star Caudillo [Quoted text hidden]

Maverick Flooring and Moulding Written Statement.pdf 118K

https://mail.google.com/mail/b/AEoRXRSVtiaSJ4oO0CwqR59SEztM1oaTGME5aHDKWrzIFssYNWKm/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/1 June 26, 2024

Via U.S. Mail and Email

Complainant Maverick Flooring & Moulding 250 N Gilbert Road Mesa, AZ 85203

Via U.S. Mail and Email

Respondent Teancum LLC DBA: Custom Design Build & Remodel 2036 N Gilbert RD # 2-155 Mesa, AZ 85203

Re: Complaint No. 2024-07183

Dear Complainant and Respondent:

The Registrar received a complaint filed against Teancum LLC DBA: Custom Design Build & Remodel for non-payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

- Contract pertaining to the scope of work and start date of work. For written contracts, provide a copy of the original contract signed (by both parties). If the only written document describing the contract are a proposal, bid, or invoice, please provide a written statement describing the agreement that included the following information: • The reason a written contract is not being provided (e.g. contractor did not provide a written contract, the contract is lost, the contract was destroyed). • A description of any written documents used to describe the contract (e.g. email, text messages). • A description of the work to be performed under the contract. • The date of the contract. • The names of the people who negotiated the contract. • The agreed upon amount of the contract.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Please provide ALL requested information by July 3, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

Although the complaint is incomplete at this time, Respondent may file a response with the Registrar raising any issues or affirmative defenses to the complaint.

If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.

Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 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 Lg100a 11/23 Received by Investigations 06/24/2024 RECEIVEO 2024-07183

JUN 2 ( 202( D"pu.t-"rrt"l ur" orrly Non-Payment Complaint Form INVE STIGATIOI{SmPlaint Number: Mail to: Registrar of Contractors ira-tK in P.O. Box 18243 Phoenix, AZ 85005-8243

Business Name Full Name (First Middle Last) ROC License Numbe(s) (if any) Maverick Flooring and Moulding Star Caudillo Street Address City State ziP Code 250 N. Gilbert Rd. Mesa AZ 85203 Phone Number Email Address 480-597-6379 tn maverickfl ooringandmoulding.com I cons€nt to Eceive communications electronically in cormecti(m with this case. Yes E No !

Nameo{ Attomey (if any)

City Stat0 Zip Code Attomev's Street Address

Attomev's Phone Number Attomey's Email Address

Name (as shown on contractt invoices, etc.) ROC Liccnse Numbcr(s) Ernae Menill 337798 City State Z,P Code Street Address 2440 E Menlo St Mesa M 852 13 Phonc Number Email Address 4AO-U7-2750 [email redacted] Name of Person(s) Reptesenting License Emie Merill

Principal Amount Due (excludinS interest and fees) Conlract Date (if applicable) $6,474.78 08t01123 Havc you 6led a civil comPlaint? Yes tr (lf yes, provide a coPy of the civil iudgment) No=

List all Atta(h additional iI 1. lnvoice 1033 2.

3.

4.

l f, tifv, LI po informotion and bel i"f' tha t the aboae-named I tcetl5ee has iLeLl to Pay 111() ,es I l1 erce55 sa?e tl h ,f f ed f,ftv dol lars when il 1t t'n, tt ateriql 5 or set'ut ces fe ndered tn con nectio ,1 10t th the licensee s o?efiti o s as con troc to / I rtf, her cer t ,lV uPo format 11])n ancl t ofilcs t fo, thc parti cul ar cofl5 tru cf ton ltel i"f, tha I tlrc sboae- fia 1n ed I lCensee has tlte cnpacity lo Pay, or has recei-oed 5 ufficien Itl Pay lnc11

iut) rk or tiofl w|r ich the serurceS ta lfi ls were rendered o urchased, A R. s 3 2 1 1 J I ( A ) ( 1 0 ) Date Printed Name Star Caudillo 06121124

I 4fi1 the Conrylo 1n417 t 1n this C'omplaint Fornt or Coll P I t1l ,1q t ,s d uly all thorized rePres tll iic I tlec la t' u nder Pen I tU ,f Perl ll ry fhu t the informat totl contained I th l5 Form t5 true Ntd co rfec t lo tlE best ,f my knowledge. I f, rther ccrt ,fy h tlt v clocumen fs 5 LI hrt t tecl fl su?port this co 1tlp lain t afe ttue snd cofrect corrcs arf the rl'ginals t1 d irt occ 1l rate to tlrc Ilcs t "f m v kn 0111I edgc I 7L1t I 1 4SS ls t7 t11

I uttest "flon of o1 the tio tl the cotl tractor o t ther al, i necessa a tf nd h cn n d tc t to ls. Datc Printed Name Star Caudillo o6t2't t24 Received by Investigations 06/24/2024 2024-07183

MAVE R IC K Flooring & Mou td ing

Ernie Merrill of Custom Design Build and Remodel has refused to pay the balance he owes for materials he purchased from my company, Maverick Flooring & Moulding. The balance he owes is $6,474.78 for Invoice 1033, dated August 1st, 2023. According to the payment terms on Invoice 1033, I requested a 50o/o deposit upfront, with the balance paid in full upon pick up of the materials.

Since the partial pick-up of materials on August 24th,2023,I have been diligently following up with Ernie's office. On September ls! I spoke to his assistant, Lisa Beers, about the payment status of the balance. I reiterated that I could release more material once the balance is paid in full. Lisa assured me that she would discuss the matter with Ernie and revert. However, no response was received.

I followed up with Ernie's office again on September 11th, speaking to Lisa Beers to inquire about the payment status, but she told me she had yet to receive an answer.

Lisa emailed me on October 20th,2023, requesting an open balance report, which I promptly sent.

Unable to reach anyone, I left a voicemail at Ernie's office in November 2023.

On December 6th,2023, when Ernie's worker, Darrin Beers, came to pick up the materials from Invoice 1033, I took the opportunity to call Ernie directly. I reiterated the need for the balance to be paid, emphasizing that I cannot release more material until the payment is made in full. Ernie assured me that he would visit my store the next day, December 7th,2023, to settle the payment. However, he failed to honor his commitment.

On January 3rd,2024, my husband, Rafael Caudillo, called Ernie, leaving a message regarding the payment status. However, Ernie did not return our call.

On the same day, January 3rd,2024,I emailed Lisa and Ernie, asking for payment status and inquiring when the balance of materials would be picked up. Lisa responded, stating she no lonqer works for Ernie and requested removal from future emails.

On lanuary Bth,2024, Ernie visited my store and assured my husband, Rafael Caudillo, that he would make the payment withln two weeks. However, he did not fulfill this promise. In my subsequent email to Ernie, I restated the terms of the invoice, emphasizing that the balance needs to be paid by February znd,2024.I also warned him of the potentlal consequences of non-payment. Despite these reminders, Ernie visited on February lst,2024, and stated that he would not be paying for the balance of the materials as he is no longer working on that job and suggested that the homeowner should pay. I reiterated that the responsibility lies with him as the invoice is under his name, and he is accountable for the material, not the homeowner.

x 250 N. Gilbert Rd. Mesa, Az 85203 o (480)597-6379 E info@maverickflooringa nd mou lding.com Received by Investigations 06/24/2024 2024-07183 Invoice "/@ Date 81u2023 &il Invoice # 1033 MAVERICK 250 N. Gilbert Rd. Mesa, AZ 85203 Flooring & Moulding (480)s97-6379, office Ter ms

lob/Project Symons

Bill To Ordered by/Job Name/Notes Ship Via Partial Custom Design Build & Remodel Sandrd symons Ernie Merrill 2112 E Freeport (480)847-2750, Ernie Gilbert Az 85234 (480)482-8514, Lisa (719)238-9331, I\4obile see below for Terms & Conditons of Invoice

atv Unit Description Price Per I Amount

3.36 sq.ft. 2t,796.86 2,607.28 sq'ft. [MCM]IOTLCFI 9/16" x 8" W/ RL up to 75",Wire Brushed French Oak Engineered Wood (Color Fill), Collection: Mediterranean Color: Moda, 25.07 s bx 104 boxes ETA: Stock will be available in California on August 11th. I 3-4 business days for order to arrive at Maverick warehouse.

Laundry Room Floor 6.39 sq.ft. 730.38 tL4.3 sq.ft. [A4ONETWGRl2231 12 x 23 Floor/WallTile Collection: Network Color/Finish: Gray Matte, 11.43 sflbx boxes ETA: 3-4 business days for order to arrive at Maverick warehouse.

Will Call Note: boxes of Moda reteived 0B/24l23 by Darrin boxes of Moda received 12/6/23 by Darrin

Laundry room tile cancelled 1U6l23 per Lisa

I

Left 500/o d balance to be id n ick u Subtotal $22,527.24

ALL CLAII'IS FOR OR ERRORS M BE TIADE WIIHIN baYs oF THrs rNvorcE Sales Tax (O.Oolo) $o.oo l.)IYaverrkacceotsrebrnslYithn(30)daysoftheinvoicedate,otherwsethereturnwillnotbeaccepted. 2.iAllreturnS are subject !o a non_neqohable 25olo Iestockrnq fee Payments/credits -$16,052.46 :.iwood ioonng, adtresve, grou! thinset, carpe! and vin)4 sheeb are special orders and Gnnot b€ return€d. 4.)Refunds are only issued by check. s.lOnfv frff.urtonj rr" abwed for return, Box€s that are partal. opened, have $gns oftampering, taped, ripped, or damaged Total $22,527.24 will not be accepted for refurn. 6.)Mouldinq cannot be returned if the material has b€en painted, cub or damaged' 7,ilhe material reblrned must be in qood saleable condibon. Balance Due $6,474.78 Wa wI not be responsibh for any damage oI loss ol any matenals thal leave our Dremi9es' Phase check all materials purchased before leaving our warehouse. wifi cAf oRDfRS, unf"; special afiangements;re made. I\4avenck will not honor atly claims for un.laimed marerial after Showroom Hours (60) days. paymenl of this 14on-Fri 8am-5pm The customer agrees t0 pay allRecovery Fees, Attorneys Fees and Legal Fees in the event ofany imposed AoreemenL I aqree to hese terms and condibons and acknowledge reaeipt of all materials. Sat gam-4pm Date sun by Appt. X Received by Investigations 06/24/2024 2024-07183

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LdL n, a:l!)!!r: {Cirdoner s€oat r€) k:,tidli{. J Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Monday, September 11, 2023 '12:.12 PM To: Lisa Beers Subject: . RE: Payment Status Attachments: Updated Open Balance report.pdf

Good afternoon Lisa,

I hope you're doing well. I'm reaching out to see if I can get the payment status for lnvoices 1033, 1085, and 1088, which have a total amount due of 512,022.56. My accountant inquired about the balance as she plans to close my August books this week.

I look forward to hearing from you.

Thank you,

Star Caudillo

From: Star Caudillo Sent: Friday, September 1,2023 1"2:57 PM To: Lisa Beers <[email redacted]> subject: lnvoice 1085 & 1091

Hi Lisa,

Please see the attached invoices for the wood adhesive and open Balance report

Thank you,

Star Caudillo Sales/owner

& info@maverickfl oorinqandmouldino.com @eqsgt-astg * (ooztsss-zzoo E zso r'r. cilbert Rd, Mesa, Az 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Wednesday, .,anuary 3,2024 1 1:19 AM To: Lisa Beers Cc: Ernie Merrill Subject: lnvoice 1033 - Symons Attachments: Open Balance Reporl.pdf

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for i few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you, star Caudillo Sales/owner

&l [email redacted] (+eo)sgz-ogzg "f rooz)sss-zzoo I zso ru. Gilbert Rd, Mesa, AZ 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Lisa Beers < [email redacted]> Sent: Wednesday, January 3, 2024 1 1:26 AM To: Star Caudillo Cc: Ernie Merrill Subject: Re: lnvoice 1033 - Symons

Good Morning Star:

I am just reaching out to tet you know that I no tonger work for Ernie. can you ptease remove my emai[ address, lt was such a pteasure workingwith you and wish you and your husband the best.

Lisa

on wed, Jan 3,2024 al1 1 :18 AM star cauditto <inlo@mavqlc-kfloaru'gEncimouldlng'com> wrote:

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up'

Th ank you

Star Caudillo Sales/owner

€! info@maverickfl oorinoandmouldino.com J (+aotsgz-oazg I rsozlses-zzoo $ zso tl. Gilbert Rd, Mesa, AZ 8s203

oo Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Wednesday, Janua ry 3,2Q24 3:16 PM To: Ernie Merrill Subject: FW: lnvoice 1033 - Symons Attachments: 1033.pdf

Good afternoon Ernie, and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you,

Star

From: Lisa Beers <[email redacted]> Sent: Wednesday, January 3, ZO24 Ll:26 AM To: Star Caudillo <info@maverickf looringandmoulding.com> Cc: Ernie Merrill <[email redacted]> Subject: Re: lnvoice 1033 - Symons

Good Morning Star:

I am just reaching out to let you know that I no longer work for Ernie. Can you please remove my ema il address, ltwas such a pleasure working with you and wish you and your husband the best.

Lisa

on wed, Jan 3,2024 at 11:18 AM Star caudillo <info@maverickfloorinaandmou ldins.com> wrote:

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on thls invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Tha nk you

Received by Investigations 06/24/2024 2024-07183

Star Caudillo Sales/Owner

&t info@maverickfl ooringandmouldino.com I aaotsgt-oztg & rooztsss-zzoo S zso N. Gilbeft Rd, Mesa, AZ 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Tuesday, January 3O, 2024 7:51 AM To: Ernie Merrill Subject: lnvoice '1033 (Symons) Payment Attachments: 1033.pdf

Dear Ernie,

We urgentty need your attention to resotve the ongoing situation regarding your overdue invoice 033. '1

you Duringyour visit to my store on January 8th, Rafaet discussed this matter with you. At that time,

assured Rafaet that payment woutd be made within two weeks. However, the originat invoice agreement

Rafael and I states that the batance must be paid upon pick up, and your invoice is now 60 days [ate.

have been communicating with you and Lisa since september 1st, 2023, regardingthe status of this

payment invoice, but we have not received ctear communication from either of you regarding the

situation

I have been patient and more than fair regardingthis detayed invoice, but I have now run out of patience'

ptease make the payment by Friday and arrange for the pick-up of your remalning order. Failure to make

to American the payment by Friday, February 2nd, 2024, witt resutt in your account being transferred

Contractors lndemnity Company and/or Arizona Registrar of Contractors'

lmmediate payment of $6,47 4.78 wi\|prevent this action from being taken'

Received by Investigations 06/24/2024 2024-07183

As a reminder, our payment terms require a 500/o deposit down, with the batance to be paid upon pick up.

On August 24th, 2023,tne batance payment was initiated due to the partia t pic k u p of rn ate ria ts. The

invoice clearly states this, and that order cannot be returned within 30 days.

Please let us know as soon as possibte when you plan to make the payment.

Sincerety,

Star Cauditto

From: Star Caudillo Sent: Wednesday, January 3, 2024 3:16 PM To: Ernie Merrill <[email redacted]> Subject: FW: lnvoice 1033 - Symons

Good afternoon Ernie, and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you,

Star

From: Lisa Beers <lisab eers07 smail.com> Sent: Wednesday, lanuary 3,2024 LL'.26 AM To: Star Caudillo <info(omave rickf loorineand mouldins.com> Cc: Ernie Merrill <erniem errill@ hotmail.com> Subject: Re: Invoice 1033 - Symons

Good Morning Star:

I am just reaching out to let you know that I no longer work for Ernie. Can you please remove my email address, lt was such a pleasure working with you and wish you and your husband the best.

Lisa

On Wed, Jan 3, 2024 at 11:18 AM Star Caudillo <info@ maverickfloorineandmou ldinP.com> wrote

Received by Investigations 06/24/2024 2024-07183

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Tha nk you

Star Caudillo Sales/Owner

& info@maverickfl oorinqandmoulding.com S (+golsgz-o:zg * rooztses-zzoo zso u. Gilbert Rd, Mesa, Az 85203

o@

June 28, 2024

Via U.S. Mail and Email

Complainant Maverick Flooring & Moulding 250 N Gilbert Road Mesa, AZ 85203

Via U.S. Mail and Email

Respondent Teancum LLC DBA: Custom Design Build & Remodel 2036 N Gilbert RD # 2-155 Mesa, AZ 85203

Re: Complaint No. 2024-07183

Dear Complainant and Respondent:

The Registrar received a complaint filed against Teancum LLC DBA: Custom Design Build & Remodel for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before July 5, 2024 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 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 Lg100 4/21 Received by Investigations 06/24/2024 RECEIVEO 2024-07183

JUN 2 ( 202( D"pu.t-"rrt"l ur" orrly Non-Payment Complaint Form INVE STIGATIOI{SmPlaint Number: Mail to: Registrar of Contractors ira-tK in P.O. Box 18243 Phoenix, AZ 85005-8243

Business Name Full Name (First Middle Last) ROC License Numbe(s) (if any) Maverick Flooring and Moulding Star Caudillo Street Address City State ziP Code 250 N. Gilbert Rd. Mesa AZ 85203 Phone Number Email Address 480-597-6379 tn maverickfl ooringandmoulding.com I cons€nt to Eceive communications electronically in cormecti(m with this case. Yes E No !

Nameo{ Attomey (if any)

City Stat0 Zip Code Attomev's Street Address

Attomev's Phone Number Attomey's Email Address

Name (as shown on contractt invoices, etc.) ROC Liccnse Numbcr(s) Ernae Menill 337798 City State Z,P Code Street Address 2440 E Menlo St Mesa M 852 13 Phonc Number Email Address 4AO-U7-2750 [email redacted] Name of Person(s) Reptesenting License Emie Merill

Principal Amount Due (excludinS interest and fees) Conlract Date (if applicable) $6,474.78 08t01123 Havc you 6led a civil comPlaint? Yes tr (lf yes, provide a coPy of the civil iudgment) No=

List all Atta(h additional iI 1. lnvoice 1033 2.

3.

4.

l f, tifv, LI po informotion and bel i"f' tha t the aboae-named I tcetl5ee has iLeLl to Pay 111() ,es I l1 erce55 sa?e tl h ,f f ed f,ftv dol lars when il 1t t'n, tt ateriql 5 or set'ut ces fe ndered tn con nectio ,1 10t th the licensee s o?efiti o s as con troc to / I rtf, her cer t ,lV uPo format 11])n ancl t ofilcs t fo, thc parti cul ar cofl5 tru cf ton ltel i"f, tha I tlrc sboae- fia 1n ed I lCensee has tlte cnpacity lo Pay, or has recei-oed 5 ufficien Itl Pay lnc11

iut) rk or tiofl w|r ich the serurceS ta lfi ls were rendered o urchased, A R. s 3 2 1 1 J I ( A ) ( 1 0 ) Date Printed Name Star Caudillo 06121124

I 4fi1 the Conrylo 1n417 t 1n this C'omplaint Fornt or Coll P I t1l ,1q t ,s d uly all thorized rePres tll iic I tlec la t' u nder Pen I tU ,f Perl ll ry fhu t the informat totl contained I th l5 Form t5 true Ntd co rfec t lo tlE best ,f my knowledge. I f, rther ccrt ,fy h tlt v clocumen fs 5 LI hrt t tecl fl su?port this co 1tlp lain t afe ttue snd cofrect corrcs arf the rl'ginals t1 d irt occ 1l rate to tlrc Ilcs t "f m v kn 0111I edgc I 7L1t I 1 4SS ls t7 t11

I uttest "flon of o1 the tio tl the cotl tractor o t ther al, i necessa a tf nd h cn n d tc t to ls. Datc Printed Name Star Caudillo o6t2't t24 Received by Investigations 06/24/2024 2024-07183

MAVE R IC K Flooring & Mou td ing

Ernie Merrill of Custom Design Build and Remodel has refused to pay the balance he owes for materials he purchased from my company, Maverick Flooring & Moulding. The balance he owes is $6,474.78 for Invoice 1033, dated August 1st, 2023. According to the payment terms on Invoice 1033, I requested a 50o/o deposit upfront, with the balance paid in full upon pick up of the materials.

Since the partial pick-up of materials on August 24th,2023,I have been diligently following up with Ernie's office. On September ls! I spoke to his assistant, Lisa Beers, about the payment status of the balance. I reiterated that I could release more material once the balance is paid in full. Lisa assured me that she would discuss the matter with Ernie and revert. However, no response was received.

I followed up with Ernie's office again on September 11th, speaking to Lisa Beers to inquire about the payment status, but she told me she had yet to receive an answer.

Lisa emailed me on October 20th,2023, requesting an open balance report, which I promptly sent.

Unable to reach anyone, I left a voicemail at Ernie's office in November 2023.

On December 6th,2023, when Ernie's worker, Darrin Beers, came to pick up the materials from Invoice 1033, I took the opportunity to call Ernie directly. I reiterated the need for the balance to be paid, emphasizing that I cannot release more material until the payment is made in full. Ernie assured me that he would visit my store the next day, December 7th,2023, to settle the payment. However, he failed to honor his commitment.

On January 3rd,2024, my husband, Rafael Caudillo, called Ernie, leaving a message regarding the payment status. However, Ernie did not return our call.

On the same day, January 3rd,2024,I emailed Lisa and Ernie, asking for payment status and inquiring when the balance of materials would be picked up. Lisa responded, stating she no lonqer works for Ernie and requested removal from future emails.

On lanuary Bth,2024, Ernie visited my store and assured my husband, Rafael Caudillo, that he would make the payment withln two weeks. However, he did not fulfill this promise. In my subsequent email to Ernie, I restated the terms of the invoice, emphasizing that the balance needs to be paid by February znd,2024.I also warned him of the potentlal consequences of non-payment. Despite these reminders, Ernie visited on February lst,2024, and stated that he would not be paying for the balance of the materials as he is no longer working on that job and suggested that the homeowner should pay. I reiterated that the responsibility lies with him as the invoice is under his name, and he is accountable for the material, not the homeowner.

x 250 N. Gilbert Rd. Mesa, Az 85203 o (480)597-6379 E info@maverickflooringa nd mou lding.com Received by Investigations 06/24/2024 2024-07183 Invoice "/@ Date 81u2023 &il Invoice # 1033 MAVERICK 250 N. Gilbert Rd. Mesa, AZ 85203 Flooring & Moulding (480)s97-6379, office Ter ms

lob/Project Symons

Bill To Ordered by/Job Name/Notes Ship Via Partial Custom Design Build & Remodel Sandrd symons Ernie Merrill 2112 E Freeport (480)847-2750, Ernie Gilbert Az 85234 (480)482-8514, Lisa (719)238-9331, I\4obile see below for Terms & Conditons of Invoice

atv Unit Description Price Per I Amount

3.36 sq.ft. 2t,796.86 2,607.28 sq'ft. [MCM]IOTLCFI 9/16" x 8" W/ RL up to 75",Wire Brushed French Oak Engineered Wood (Color Fill), Collection: Mediterranean Color: Moda, 25.07 s bx 104 boxes ETA: Stock will be available in California on August 11th. I 3-4 business days for order to arrive at Maverick warehouse.

Laundry Room Floor 6.39 sq.ft. 730.38 tL4.3 sq.ft. [A4ONETWGRl2231 12 x 23 Floor/WallTile Collection: Network Color/Finish: Gray Matte, 11.43 sflbx boxes ETA: 3-4 business days for order to arrive at Maverick warehouse.

Will Call Note: boxes of Moda reteived 0B/24l23 by Darrin boxes of Moda received 12/6/23 by Darrin

Laundry room tile cancelled 1U6l23 per Lisa

I

Left 500/o d balance to be id n ick u Subtotal $22,527.24

ALL CLAII'IS FOR OR ERRORS M BE TIADE WIIHIN baYs oF THrs rNvorcE Sales Tax (O.Oolo) $o.oo l.)IYaverrkacceotsrebrnslYithn(30)daysoftheinvoicedate,otherwsethereturnwillnotbeaccepted. 2.iAllreturnS are subject !o a non_neqohable 25olo Iestockrnq fee Payments/credits -$16,052.46 :.iwood ioonng, adtresve, grou! thinset, carpe! and vin)4 sheeb are special orders and Gnnot b€ return€d. 4.)Refunds are only issued by check. s.lOnfv frff.urtonj rr" abwed for return, Box€s that are partal. opened, have $gns oftampering, taped, ripped, or damaged Total $22,527.24 will not be accepted for refurn. 6.)Mouldinq cannot be returned if the material has b€en painted, cub or damaged' 7,ilhe material reblrned must be in qood saleable condibon. Balance Due $6,474.78 Wa wI not be responsibh for any damage oI loss ol any matenals thal leave our Dremi9es' Phase check all materials purchased before leaving our warehouse. wifi cAf oRDfRS, unf"; special afiangements;re made. I\4avenck will not honor atly claims for un.laimed marerial after Showroom Hours (60) days. paymenl of this 14on-Fri 8am-5pm The customer agrees t0 pay allRecovery Fees, Attorneys Fees and Legal Fees in the event ofany imposed AoreemenL I aqree to hese terms and condibons and acknowledge reaeipt of all materials. Sat gam-4pm Date sun by Appt. X Received by Investigations 06/24/2024 2024-07183

Packing SliP MAVIRICK ri t, if:) ) FlOrri!1t ti Mrijld,ng \a h rirlh]l ra. r{r':,1, it li',,:i t '-:-lit {.t80lit/ b.l i9.O'lfi(t rnlo@maverrckfioo nqa.ijn$rldliq aorn. i lrlail llill lr, (:*ltorn |)eriqn flr,ikl & Pe.:dj,l arnr l.l9llrl (480t.11r 2110. t.1it ldrl0),1t:-rjil 4. ti5n

Q{r&i:t!r- llem aode

_Mtl/rH0/lrtl! :. irllll..: S Ml{l itnaiananI lh ,fl .!,ril uF-. ,\ r.,r, h,1., .r .. .,. ,t.tt. lcolo,rJl, Colh(ron: r"ledrteid"ear ( otor r,tcoa. ^,_ ,, r.r, 104 mres t lAi stocl yrlll be lvailabte ,n Californra on AlrQust I tif,. 3-4 business days tor order t! ar&e at Mave.ial rlarai)uula

iar-:rrn-.tfr! f$.6oxos cocrr{:1.!,r::;:! ',i: & I,.-: i 5IA*r<'ttst!ffie r.nveifi13ffii.iillf'd?q: -i a: { ':: t'., 'lc o / ei. L"7f.rL.

\M I

f'\ r l7:re 5 x .// 1) tri

i lcll 509ir 0s!1 !|911 l,al lr:1

At! {)y. r4tj1i tt l'4 tle i&i{ n t be tesporg|t, tat ,rrl t1dt.t,tt ,lllrtt ali nnt lralrrrni &'nvrttq i'{tr l[r1]il i'q P*-ax cf,e, atl ralenats $t(&at*i t)nrt lp ltrvlillj tli, vrnrrrrt,rlr'1' .,r tii', 4.{{5 ta ray al1frr*awq t &:5, n llrr rlrYr' I r.r dMl rajdl l!*r u lh{: {.vr.:t}t $l dl|t nltr\.d i,.rf,itr,,l "lhe $*rrnglt I

hqtff'nr,".t.l agix to &ej. ternrfurd aoslrti.rlt ,r(J ,t.lr',,!'v!xl',1' rii{{.!ld tl ,{l l|ut.,||i lr. )(i x

LdL n, a:l!)!!r: {Cirdoner s€oat r€) k:,tidli{. J Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Monday, September 11, 2023 '12:.12 PM To: Lisa Beers Subject: . RE: Payment Status Attachments: Updated Open Balance report.pdf

Good afternoon Lisa,

I hope you're doing well. I'm reaching out to see if I can get the payment status for lnvoices 1033, 1085, and 1088, which have a total amount due of 512,022.56. My accountant inquired about the balance as she plans to close my August books this week.

I look forward to hearing from you.

Thank you,

Star Caudillo

From: Star Caudillo Sent: Friday, September 1,2023 1"2:57 PM To: Lisa Beers <[email redacted]> subject: lnvoice 1085 & 1091

Hi Lisa,

Please see the attached invoices for the wood adhesive and open Balance report

Thank you,

Star Caudillo Sales/owner

& info@maverickfl oorinqandmouldino.com @eqsgt-astg * (ooztsss-zzoo E zso r'r. cilbert Rd, Mesa, Az 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Wednesday, .,anuary 3,2024 1 1:19 AM To: Lisa Beers Cc: Ernie Merrill Subject: lnvoice 1033 - Symons Attachments: Open Balance Reporl.pdf

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for i few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you, star Caudillo Sales/owner

&l [email redacted] (+eo)sgz-ogzg "f rooz)sss-zzoo I zso ru. Gilbert Rd, Mesa, AZ 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Lisa Beers < [email redacted]> Sent: Wednesday, January 3, 2024 1 1:26 AM To: Star Caudillo Cc: Ernie Merrill Subject: Re: lnvoice 1033 - Symons

Good Morning Star:

I am just reaching out to tet you know that I no tonger work for Ernie. can you ptease remove my emai[ address, lt was such a pteasure workingwith you and wish you and your husband the best.

Lisa

on wed, Jan 3,2024 al1 1 :18 AM star cauditto <inlo@mavqlc-kfloaru'gEncimouldlng'com> wrote:

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up'

Th ank you

Star Caudillo Sales/owner

€! info@maverickfl oorinoandmouldino.com J (+aotsgz-oazg I rsozlses-zzoo $ zso tl. Gilbert Rd, Mesa, AZ 8s203

oo Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Wednesday, Janua ry 3,2Q24 3:16 PM To: Ernie Merrill Subject: FW: lnvoice 1033 - Symons Attachments: 1033.pdf

Good afternoon Ernie, and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you,

Star

From: Lisa Beers <[email redacted]> Sent: Wednesday, January 3, ZO24 Ll:26 AM To: Star Caudillo <info@maverickf looringandmoulding.com> Cc: Ernie Merrill <[email redacted]> Subject: Re: lnvoice 1033 - Symons

Good Morning Star:

I am just reaching out to let you know that I no longer work for Ernie. Can you please remove my ema il address, ltwas such a pleasure working with you and wish you and your husband the best.

Lisa

on wed, Jan 3,2024 at 11:18 AM Star caudillo <info@maverickfloorinaandmou ldins.com> wrote:

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on thls invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Tha nk you

Received by Investigations 06/24/2024 2024-07183

Star Caudillo Sales/Owner

&t info@maverickfl ooringandmouldino.com I aaotsgt-oztg & rooztsss-zzoo S zso N. Gilbeft Rd, Mesa, AZ 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Tuesday, January 3O, 2024 7:51 AM To: Ernie Merrill Subject: lnvoice '1033 (Symons) Payment Attachments: 1033.pdf

Dear Ernie,

We urgentty need your attention to resotve the ongoing situation regarding your overdue invoice 033. '1

you Duringyour visit to my store on January 8th, Rafaet discussed this matter with you. At that time,

assured Rafaet that payment woutd be made within two weeks. However, the originat invoice agreement

Rafael and I states that the batance must be paid upon pick up, and your invoice is now 60 days [ate.

have been communicating with you and Lisa since september 1st, 2023, regardingthe status of this

payment invoice, but we have not received ctear communication from either of you regarding the

situation

I have been patient and more than fair regardingthis detayed invoice, but I have now run out of patience'

ptease make the payment by Friday and arrange for the pick-up of your remalning order. Failure to make

to American the payment by Friday, February 2nd, 2024, witt resutt in your account being transferred

Contractors lndemnity Company and/or Arizona Registrar of Contractors'

lmmediate payment of $6,47 4.78 wi\|prevent this action from being taken'

Received by Investigations 06/24/2024 2024-07183

As a reminder, our payment terms require a 500/o deposit down, with the batance to be paid upon pick up.

On August 24th, 2023,tne batance payment was initiated due to the partia t pic k u p of rn ate ria ts. The

invoice clearly states this, and that order cannot be returned within 30 days.

Please let us know as soon as possibte when you plan to make the payment.

Sincerety,

Star Cauditto

From: Star Caudillo Sent: Wednesday, January 3, 2024 3:16 PM To: Ernie Merrill <[email redacted]> Subject: FW: lnvoice 1033 - Symons

Good afternoon Ernie, and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you,

Star

From: Lisa Beers <lisab eers07 smail.com> Sent: Wednesday, lanuary 3,2024 LL'.26 AM To: Star Caudillo <info(omave rickf loorineand mouldins.com> Cc: Ernie Merrill <erniem errill@ hotmail.com> Subject: Re: Invoice 1033 - Symons

Good Morning Star:

I am just reaching out to let you know that I no longer work for Ernie. Can you please remove my email address, lt was such a pleasure working with you and wish you and your husband the best.

Lisa

On Wed, Jan 3, 2024 at 11:18 AM Star Caudillo <info@ maverickfloorineandmou ldinP.com> wrote

Received by Investigations 06/24/2024 2024-07183

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Tha nk you

Star Caudillo Sales/Owner

& info@maverickfl oorinqandmoulding.com S (+golsgz-o:zg * rooztses-zzoo zso u. Gilbert Rd, Mesa, Az 85203

o@

Received 6/26/2024 ROC Legal

June 26, 2024

Arizona Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007

RE: Written Statement for Complaint No. 2024-07183

This is my official statement about how my company, Maverick Flooring and Moulding, handles transactions with contractors for materials being sold to them. When a contractor visits my store to purchase materials such as flooring, I request a 50% deposit for the invoice, with the balance to be paid upon picking up the materials. The invoice serves as the official contract outlining the terms of the purchased materials.

Ernie Merrill of Custom Design Build and Remodel agreed to the payment terms stated on Invoice 1033, which required a 50% deposit, with the remaining balance to be paid in full upon picking up the materials. This agreement was mutually agreed upon in our discussion, and Ernie made the 50% deposit. Ernie had called me at my store on August 18, 2023, and told me they would start picking up the flooring on August 24, 2023. I told Ernie that the balance would need to be paid for the materials to be released as agreed upon the terms. He said he would stop by my office and pay the balance on August 25. I informed him there was no problem and released a partial materials pick-up on August 24, 2023. However, Ernie did not show up at my office on August 25, 2023. I have made several attempts to reach out to Ernie's office assistant, Lisa Beers, and Ernie himself to follow up on the balance payment.

Despite my repeated attempts to get the payment for the balance, Ernie Merrill of Custom Design Build and Remodel has refused to pay the $6,474.78 owed for Invoice 1033, dated August 1, 2023.

--- Star Caudillo Owner Maverick Flooring and Moulding (480)597-6379, office

 250 N. Gilbert Rd. Mesa, AZ 85203  (480)597-6379  [email redacted] Received 6/28/24, 8:33 AM State of Arizona Mail - No Pay Notice - 2024-07183 6/26/2024 ROC Legal

Legal New Mail - AZROC <[email redacted]>

No Pay Notice - 2024-07183 Star Caudillo <[email redacted]> Wed, Jun 26, 2024 at 2:56 PM To: Legal New Mail - AZROC <[email redacted]>

Hi,

Attached is my written statement how my company, Maverick Flooring and Moulding, handles transactions with contractors for materials being sold to them.

With kind regards,

Star Caudillo [Quoted text hidden]

Maverick Flooring and Moulding Written Statement.pdf 118K

https://mail.google.com/mail/b/AEoRXRSVtiaSJ4oO0CwqR59SEztM1oaTGME5aHDKWrzIFssYNWKm/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/1 June 26, 2024

Via U.S. Mail and Email

Complainant Maverick Flooring & Moulding 250 N Gilbert Road Mesa, AZ 85203

Via U.S. Mail and Email

Respondent Teancum LLC DBA: Custom Design Build & Remodel 2036 N Gilbert RD # 2-155 Mesa, AZ 85203

Re: Complaint No. 2024-07183

Dear Complainant and Respondent:

The Registrar received a complaint filed against Teancum LLC DBA: Custom Design Build & Remodel for non-payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

- Contract pertaining to the scope of work and start date of work. For written contracts, provide a copy of the original contract signed (by both parties). If the only written document describing the contract are a proposal, bid, or invoice, please provide a written statement describing the agreement that included the following information: • The reason a written contract is not being provided (e.g. contractor did not provide a written contract, the contract is lost, the contract was destroyed). • A description of any written documents used to describe the contract (e.g. email, text messages). • A description of the work to be performed under the contract. • The date of the contract. • The names of the people who negotiated the contract. • The agreed upon amount of the contract.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Please provide ALL requested information by July 3, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

Although the complaint is incomplete at this time, Respondent may file a response with the Registrar raising any issues or affirmative defenses to the complaint.

If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.

Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 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 Lg100a 11/23 Received by Investigations 06/24/2024 RECEIVEO 2024-07183

JUN 2 ( 202( D"pu.t-"rrt"l ur" orrly Non-Payment Complaint Form INVE STIGATIOI{SmPlaint Number: Mail to: Registrar of Contractors ira-tK in P.O. Box 18243 Phoenix, AZ 85005-8243

Business Name Full Name (First Middle Last) ROC License Numbe(s) (if any) Maverick Flooring and Moulding Star Caudillo Street Address City State ziP Code 250 N. Gilbert Rd. Mesa AZ 85203 Phone Number Email Address 480-597-6379 tn maverickfl ooringandmoulding.com I cons€nt to Eceive communications electronically in cormecti(m with this case. Yes E No !

Nameo{ Attomey (if any)

City Stat0 Zip Code Attomev's Street Address

Attomev's Phone Number Attomey's Email Address

Name (as shown on contractt invoices, etc.) ROC Liccnse Numbcr(s) Ernae Menill 337798 City State Z,P Code Street Address 2440 E Menlo St Mesa M 852 13 Phonc Number Email Address 4AO-U7-2750 [email redacted] Name of Person(s) Reptesenting License Emie Merill

Principal Amount Due (excludinS interest and fees) Conlract Date (if applicable) $6,474.78 08t01123 Havc you 6led a civil comPlaint? Yes tr (lf yes, provide a coPy of the civil iudgment) No=

List all Atta(h additional iI 1. lnvoice 1033 2.

3.

4.

l f, tifv, LI po informotion and bel i"f' tha t the aboae-named I tcetl5ee has iLeLl to Pay 111() ,es I l1 erce55 sa?e tl h ,f f ed f,ftv dol lars when il 1t t'n, tt ateriql 5 or set'ut ces fe ndered tn con nectio ,1 10t th the licensee s o?efiti o s as con troc to / I rtf, her cer t ,lV uPo format 11])n ancl t ofilcs t fo, thc parti cul ar cofl5 tru cf ton ltel i"f, tha I tlrc sboae- fia 1n ed I lCensee has tlte cnpacity lo Pay, or has recei-oed 5 ufficien Itl Pay lnc11

iut) rk or tiofl w|r ich the serurceS ta lfi ls were rendered o urchased, A R. s 3 2 1 1 J I ( A ) ( 1 0 ) Date Printed Name Star Caudillo 06121124

I 4fi1 the Conrylo 1n417 t 1n this C'omplaint Fornt or Coll P I t1l ,1q t ,s d uly all thorized rePres tll iic I tlec la t' u nder Pen I tU ,f Perl ll ry fhu t the informat totl contained I th l5 Form t5 true Ntd co rfec t lo tlE best ,f my knowledge. I f, rther ccrt ,fy h tlt v clocumen fs 5 LI hrt t tecl fl su?port this co 1tlp lain t afe ttue snd cofrect corrcs arf the rl'ginals t1 d irt occ 1l rate to tlrc Ilcs t "f m v kn 0111I edgc I 7L1t I 1 4SS ls t7 t11

I uttest "flon of o1 the tio tl the cotl tractor o t ther al, i necessa a tf nd h cn n d tc t to ls. Datc Printed Name Star Caudillo o6t2't t24 Received by Investigations 06/24/2024 2024-07183

MAVE R IC K Flooring & Mou td ing

Ernie Merrill of Custom Design Build and Remodel has refused to pay the balance he owes for materials he purchased from my company, Maverick Flooring & Moulding. The balance he owes is $6,474.78 for Invoice 1033, dated August 1st, 2023. According to the payment terms on Invoice 1033, I requested a 50o/o deposit upfront, with the balance paid in full upon pick up of the materials.

Since the partial pick-up of materials on August 24th,2023,I have been diligently following up with Ernie's office. On September ls! I spoke to his assistant, Lisa Beers, about the payment status of the balance. I reiterated that I could release more material once the balance is paid in full. Lisa assured me that she would discuss the matter with Ernie and revert. However, no response was received.

I followed up with Ernie's office again on September 11th, speaking to Lisa Beers to inquire about the payment status, but she told me she had yet to receive an answer.

Lisa emailed me on October 20th,2023, requesting an open balance report, which I promptly sent.

Unable to reach anyone, I left a voicemail at Ernie's office in November 2023.

On December 6th,2023, when Ernie's worker, Darrin Beers, came to pick up the materials from Invoice 1033, I took the opportunity to call Ernie directly. I reiterated the need for the balance to be paid, emphasizing that I cannot release more material until the payment is made in full. Ernie assured me that he would visit my store the next day, December 7th,2023, to settle the payment. However, he failed to honor his commitment.

On January 3rd,2024, my husband, Rafael Caudillo, called Ernie, leaving a message regarding the payment status. However, Ernie did not return our call.

On the same day, January 3rd,2024,I emailed Lisa and Ernie, asking for payment status and inquiring when the balance of materials would be picked up. Lisa responded, stating she no lonqer works for Ernie and requested removal from future emails.

On lanuary Bth,2024, Ernie visited my store and assured my husband, Rafael Caudillo, that he would make the payment withln two weeks. However, he did not fulfill this promise. In my subsequent email to Ernie, I restated the terms of the invoice, emphasizing that the balance needs to be paid by February znd,2024.I also warned him of the potentlal consequences of non-payment. Despite these reminders, Ernie visited on February lst,2024, and stated that he would not be paying for the balance of the materials as he is no longer working on that job and suggested that the homeowner should pay. I reiterated that the responsibility lies with him as the invoice is under his name, and he is accountable for the material, not the homeowner.

x 250 N. Gilbert Rd. Mesa, Az 85203 o (480)597-6379 E info@maverickflooringa nd mou lding.com Received by Investigations 06/24/2024 2024-07183 Invoice "/@ Date 81u2023 &il Invoice # 1033 MAVERICK 250 N. Gilbert Rd. Mesa, AZ 85203 Flooring & Moulding (480)s97-6379, office Ter ms

lob/Project Symons

Bill To Ordered by/Job Name/Notes Ship Via Partial Custom Design Build & Remodel Sandrd symons Ernie Merrill 2112 E Freeport (480)847-2750, Ernie Gilbert Az 85234 (480)482-8514, Lisa (719)238-9331, I\4obile see below for Terms & Conditons of Invoice

atv Unit Description Price Per I Amount

3.36 sq.ft. 2t,796.86 2,607.28 sq'ft. [MCM]IOTLCFI 9/16" x 8" W/ RL up to 75",Wire Brushed French Oak Engineered Wood (Color Fill), Collection: Mediterranean Color: Moda, 25.07 s bx 104 boxes ETA: Stock will be available in California on August 11th. I 3-4 business days for order to arrive at Maverick warehouse.

Laundry Room Floor 6.39 sq.ft. 730.38 tL4.3 sq.ft. [A4ONETWGRl2231 12 x 23 Floor/WallTile Collection: Network Color/Finish: Gray Matte, 11.43 sflbx boxes ETA: 3-4 business days for order to arrive at Maverick warehouse.

Will Call Note: boxes of Moda reteived 0B/24l23 by Darrin boxes of Moda received 12/6/23 by Darrin

Laundry room tile cancelled 1U6l23 per Lisa

I

Left 500/o d balance to be id n ick u Subtotal $22,527.24

ALL CLAII'IS FOR OR ERRORS M BE TIADE WIIHIN baYs oF THrs rNvorcE Sales Tax (O.Oolo) $o.oo l.)IYaverrkacceotsrebrnslYithn(30)daysoftheinvoicedate,otherwsethereturnwillnotbeaccepted. 2.iAllreturnS are subject !o a non_neqohable 25olo Iestockrnq fee Payments/credits -$16,052.46 :.iwood ioonng, adtresve, grou! thinset, carpe! and vin)4 sheeb are special orders and Gnnot b€ return€d. 4.)Refunds are only issued by check. s.lOnfv frff.urtonj rr" abwed for return, Box€s that are partal. opened, have $gns oftampering, taped, ripped, or damaged Total $22,527.24 will not be accepted for refurn. 6.)Mouldinq cannot be returned if the material has b€en painted, cub or damaged' 7,ilhe material reblrned must be in qood saleable condibon. Balance Due $6,474.78 Wa wI not be responsibh for any damage oI loss ol any matenals thal leave our Dremi9es' Phase check all materials purchased before leaving our warehouse. wifi cAf oRDfRS, unf"; special afiangements;re made. I\4avenck will not honor atly claims for un.laimed marerial after Showroom Hours (60) days. paymenl of this 14on-Fri 8am-5pm The customer agrees t0 pay allRecovery Fees, Attorneys Fees and Legal Fees in the event ofany imposed AoreemenL I aqree to hese terms and condibons and acknowledge reaeipt of all materials. Sat gam-4pm Date sun by Appt. X Received by Investigations 06/24/2024 2024-07183

Packing SliP MAVIRICK ri t, if:) ) FlOrri!1t ti Mrijld,ng \a h rirlh]l ra. r{r':,1, it li',,:i t '-:-lit {.t80lit/ b.l i9.O'lfi(t rnlo@maverrckfioo nqa.ijn$rldliq aorn. i lrlail llill lr, (:*ltorn |)eriqn flr,ikl & Pe.:dj,l arnr l.l9llrl (480t.11r 2110. t.1it ldrl0),1t:-rjil 4. ti5n

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hqtff'nr,".t.l agix to &ej. ternrfurd aoslrti.rlt ,r(J ,t.lr',,!'v!xl',1' rii{{.!ld tl ,{l l|ut.,||i lr. )(i x

LdL n, a:l!)!!r: {Cirdoner s€oat r€) k:,tidli{. J Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Monday, September 11, 2023 '12:.12 PM To: Lisa Beers Subject: . RE: Payment Status Attachments: Updated Open Balance report.pdf

Good afternoon Lisa,

I hope you're doing well. I'm reaching out to see if I can get the payment status for lnvoices 1033, 1085, and 1088, which have a total amount due of 512,022.56. My accountant inquired about the balance as she plans to close my August books this week.

I look forward to hearing from you.

Thank you,

Star Caudillo

From: Star Caudillo Sent: Friday, September 1,2023 1"2:57 PM To: Lisa Beers <[email redacted]> subject: lnvoice 1085 & 1091

Hi Lisa,

Please see the attached invoices for the wood adhesive and open Balance report

Thank you,

Star Caudillo Sales/owner

& info@maverickfl oorinqandmouldino.com @eqsgt-astg * (ooztsss-zzoo E zso r'r. cilbert Rd, Mesa, Az 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Wednesday, .,anuary 3,2024 1 1:19 AM To: Lisa Beers Cc: Ernie Merrill Subject: lnvoice 1033 - Symons Attachments: Open Balance Reporl.pdf

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for i few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you, star Caudillo Sales/owner

&l [email redacted] (+eo)sgz-ogzg "f rooz)sss-zzoo I zso ru. Gilbert Rd, Mesa, AZ 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Lisa Beers < [email redacted]> Sent: Wednesday, January 3, 2024 1 1:26 AM To: Star Caudillo Cc: Ernie Merrill Subject: Re: lnvoice 1033 - Symons

Good Morning Star:

I am just reaching out to tet you know that I no tonger work for Ernie. can you ptease remove my emai[ address, lt was such a pteasure workingwith you and wish you and your husband the best.

Lisa

on wed, Jan 3,2024 al1 1 :18 AM star cauditto <inlo@mavqlc-kfloaru'gEncimouldlng'com> wrote:

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up'

Th ank you

Star Caudillo Sales/owner

€! info@maverickfl oorinoandmouldino.com J (+aotsgz-oazg I rsozlses-zzoo $ zso tl. Gilbert Rd, Mesa, AZ 8s203

oo Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Wednesday, Janua ry 3,2Q24 3:16 PM To: Ernie Merrill Subject: FW: lnvoice 1033 - Symons Attachments: 1033.pdf

Good afternoon Ernie, and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you,

Star

From: Lisa Beers <[email redacted]> Sent: Wednesday, January 3, ZO24 Ll:26 AM To: Star Caudillo <info@maverickf looringandmoulding.com> Cc: Ernie Merrill <[email redacted]> Subject: Re: lnvoice 1033 - Symons

Good Morning Star:

I am just reaching out to let you know that I no longer work for Ernie. Can you please remove my ema il address, ltwas such a pleasure working with you and wish you and your husband the best.

Lisa

on wed, Jan 3,2024 at 11:18 AM Star caudillo <info@maverickfloorinaandmou ldins.com> wrote:

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on thls invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Tha nk you

Received by Investigations 06/24/2024 2024-07183

Star Caudillo Sales/Owner

&t info@maverickfl ooringandmouldino.com I aaotsgt-oztg & rooztsss-zzoo S zso N. Gilbeft Rd, Mesa, AZ 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Tuesday, January 3O, 2024 7:51 AM To: Ernie Merrill Subject: lnvoice '1033 (Symons) Payment Attachments: 1033.pdf

Dear Ernie,

We urgentty need your attention to resotve the ongoing situation regarding your overdue invoice 033. '1

you Duringyour visit to my store on January 8th, Rafaet discussed this matter with you. At that time,

assured Rafaet that payment woutd be made within two weeks. However, the originat invoice agreement

Rafael and I states that the batance must be paid upon pick up, and your invoice is now 60 days [ate.

have been communicating with you and Lisa since september 1st, 2023, regardingthe status of this

payment invoice, but we have not received ctear communication from either of you regarding the

situation

I have been patient and more than fair regardingthis detayed invoice, but I have now run out of patience'

ptease make the payment by Friday and arrange for the pick-up of your remalning order. Failure to make

to American the payment by Friday, February 2nd, 2024, witt resutt in your account being transferred

Contractors lndemnity Company and/or Arizona Registrar of Contractors'

lmmediate payment of $6,47 4.78 wi\|prevent this action from being taken'

Received by Investigations 06/24/2024 2024-07183

As a reminder, our payment terms require a 500/o deposit down, with the batance to be paid upon pick up.

On August 24th, 2023,tne batance payment was initiated due to the partia t pic k u p of rn ate ria ts. The

invoice clearly states this, and that order cannot be returned within 30 days.

Please let us know as soon as possibte when you plan to make the payment.

Sincerety,

Star Cauditto

From: Star Caudillo Sent: Wednesday, January 3, 2024 3:16 PM To: Ernie Merrill <[email redacted]> Subject: FW: lnvoice 1033 - Symons

Good afternoon Ernie, and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you,

Star

From: Lisa Beers <lisab eers07 smail.com> Sent: Wednesday, lanuary 3,2024 LL'.26 AM To: Star Caudillo <info(omave rickf loorineand mouldins.com> Cc: Ernie Merrill <erniem errill@ hotmail.com> Subject: Re: Invoice 1033 - Symons

Good Morning Star:

I am just reaching out to let you know that I no longer work for Ernie. Can you please remove my email address, lt was such a pleasure working with you and wish you and your husband the best.

Lisa

On Wed, Jan 3, 2024 at 11:18 AM Star Caudillo <info@ maverickfloorineandmou ldinP.com> wrote

Received by Investigations 06/24/2024 2024-07183

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Tha nk you

Star Caudillo Sales/Owner

& info@maverickfl oorinqandmoulding.com S (+golsgz-o:zg * rooztses-zzoo zso u. Gilbert Rd, Mesa, Az 85203

o@

7/9/24, 8:20 AM State of Arizona Mail - Custom Design Build Remodel

Legal New Mail - AZROC <[email redacted]>

Custom Design Build Remodel message

Ernie Merrill <[email redacted]> Mon, Jul 8, 2024 at 1:20 PM To: Legal New Mail - AZROC <[email redacted]>

Attn Madelyn Hayes

Mavreick ROC.pdf 163K

https://mail.google.com/mail/b/AEoRXRT3o8S6xV53Hr6Qjkqj8YumkaEUs03Mme9PRSuGplh-PFDN/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-07183 Maverick Flooring & Moulding,

COMPLAINANT, v. CITATION Teancum LLC DBA: Custom Design Build & Remodel License No. ROC 337798, RESPONDENT.

The Registrar issues this Citation to Teancum LLC DBA: Custom Design Build & Remodel (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 11 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, Maverick Flooring & Moulding (“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

Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor 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 unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 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:

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. 2024-07183. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

If Respondent submits a written answer by mail, it is not filed with the Registrar until the

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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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 11, 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). 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

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated August 27, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 27, 2024 to:

Respondent Certified Mail No: [number redacted]

Teancum LLC DBA: Custom Design Build & Remodel 2036 N Gilbert RD # 2-155 Mesa, AZ 85203

Copy mailed by USPS First Class mail this same date to: Teancum LLC DBA: Custom Design Build & Remodel 2036 N Gilbert RD # 2-155 Mesa, AZ 85203 Complainant Maverick Flooring & Moulding 250 N Gilbert Road Mesa, AZ 85203 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. 2024-07183 / MTH

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 June 28, 2024

Via U.S. Mail and Email

Complainant Maverick Flooring & Moulding 250 N Gilbert Road Mesa, AZ 85203

Via U.S. Mail and Email

Respondent Teancum LLC DBA: Custom Design Build & Remodel 2036 N Gilbert RD # 2-155 Mesa, AZ 85203

Re: Complaint No. 2024-07183

Dear Complainant and Respondent:

The Registrar received a complaint filed against Teancum LLC DBA: Custom Design Build & Remodel for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before July 5, 2024 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 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 Lg100 4/21 Received by Investigations 06/24/2024 RECEIVEO 2024-07183

JUN 2 ( 202( D"pu.t-"rrt"l ur" orrly Non-Payment Complaint Form INVE STIGATIOI{SmPlaint Number: Mail to: Registrar of Contractors ira-tK in P.O. Box 18243 Phoenix, AZ 85005-8243

Business Name Full Name (First Middle Last) ROC License Numbe(s) (if any) Maverick Flooring and Moulding Star Caudillo Street Address City State ziP Code 250 N. Gilbert Rd. Mesa AZ 85203 Phone Number Email Address 480-597-6379 tn maverickfl ooringandmoulding.com I cons€nt to Eceive communications electronically in cormecti(m with this case. Yes E No !

Nameo{ Attomey (if any)

City Stat0 Zip Code Attomev's Street Address

Attomev's Phone Number Attomey's Email Address

Name (as shown on contractt invoices, etc.) ROC Liccnse Numbcr(s) Ernae Menill 337798 City State Z,P Code Street Address 2440 E Menlo St Mesa M 852 13 Phonc Number Email Address 4AO-U7-2750 [email redacted] Name of Person(s) Reptesenting License Emie Merill

Principal Amount Due (excludinS interest and fees) Conlract Date (if applicable) $6,474.78 08t01123 Havc you 6led a civil comPlaint? Yes tr (lf yes, provide a coPy of the civil iudgment) No=

List all Atta(h additional iI 1. lnvoice 1033 2.

3.

4.

l f, tifv, LI po informotion and bel i"f' tha t the aboae-named I tcetl5ee has iLeLl to Pay 111() ,es I l1 erce55 sa?e tl h ,f f ed f,ftv dol lars when il 1t t'n, tt ateriql 5 or set'ut ces fe ndered tn con nectio ,1 10t th the licensee s o?efiti o s as con troc to / I rtf, her cer t ,lV uPo format 11])n ancl t ofilcs t fo, thc parti cul ar cofl5 tru cf ton ltel i"f, tha I tlrc sboae- fia 1n ed I lCensee has tlte cnpacity lo Pay, or has recei-oed 5 ufficien Itl Pay lnc11

iut) rk or tiofl w|r ich the serurceS ta lfi ls were rendered o urchased, A R. s 3 2 1 1 J I ( A ) ( 1 0 ) Date Printed Name Star Caudillo 06121124

I 4fi1 the Conrylo 1n417 t 1n this C'omplaint Fornt or Coll P I t1l ,1q t ,s d uly all thorized rePres tll iic I tlec la t' u nder Pen I tU ,f Perl ll ry fhu t the informat totl contained I th l5 Form t5 true Ntd co rfec t lo tlE best ,f my knowledge. I f, rther ccrt ,fy h tlt v clocumen fs 5 LI hrt t tecl fl su?port this co 1tlp lain t afe ttue snd cofrect corrcs arf the rl'ginals t1 d irt occ 1l rate to tlrc Ilcs t "f m v kn 0111I edgc I 7L1t I 1 4SS ls t7 t11

I uttest "flon of o1 the tio tl the cotl tractor o t ther al, i necessa a tf nd h cn n d tc t to ls. Datc Printed Name Star Caudillo o6t2't t24 Received by Investigations 06/24/2024 2024-07183

MAVE R IC K Flooring & Mou td ing

Ernie Merrill of Custom Design Build and Remodel has refused to pay the balance he owes for materials he purchased from my company, Maverick Flooring & Moulding. The balance he owes is $6,474.78 for Invoice 1033, dated August 1st, 2023. According to the payment terms on Invoice 1033, I requested a 50o/o deposit upfront, with the balance paid in full upon pick up of the materials.

Since the partial pick-up of materials on August 24th,2023,I have been diligently following up with Ernie's office. On September ls! I spoke to his assistant, Lisa Beers, about the payment status of the balance. I reiterated that I could release more material once the balance is paid in full. Lisa assured me that she would discuss the matter with Ernie and revert. However, no response was received.

I followed up with Ernie's office again on September 11th, speaking to Lisa Beers to inquire about the payment status, but she told me she had yet to receive an answer.

Lisa emailed me on October 20th,2023, requesting an open balance report, which I promptly sent.

Unable to reach anyone, I left a voicemail at Ernie's office in November 2023.

On December 6th,2023, when Ernie's worker, Darrin Beers, came to pick up the materials from Invoice 1033, I took the opportunity to call Ernie directly. I reiterated the need for the balance to be paid, emphasizing that I cannot release more material until the payment is made in full. Ernie assured me that he would visit my store the next day, December 7th,2023, to settle the payment. However, he failed to honor his commitment.

On January 3rd,2024, my husband, Rafael Caudillo, called Ernie, leaving a message regarding the payment status. However, Ernie did not return our call.

On the same day, January 3rd,2024,I emailed Lisa and Ernie, asking for payment status and inquiring when the balance of materials would be picked up. Lisa responded, stating she no lonqer works for Ernie and requested removal from future emails.

On lanuary Bth,2024, Ernie visited my store and assured my husband, Rafael Caudillo, that he would make the payment withln two weeks. However, he did not fulfill this promise. In my subsequent email to Ernie, I restated the terms of the invoice, emphasizing that the balance needs to be paid by February znd,2024.I also warned him of the potentlal consequences of non-payment. Despite these reminders, Ernie visited on February lst,2024, and stated that he would not be paying for the balance of the materials as he is no longer working on that job and suggested that the homeowner should pay. I reiterated that the responsibility lies with him as the invoice is under his name, and he is accountable for the material, not the homeowner.

x 250 N. Gilbert Rd. Mesa, Az 85203 o (480)597-6379 E info@maverickflooringa nd mou lding.com Received by Investigations 06/24/2024 2024-07183 Invoice "/@ Date 81u2023 &il Invoice # 1033 MAVERICK 250 N. Gilbert Rd. Mesa, AZ 85203 Flooring & Moulding (480)s97-6379, office Ter ms

lob/Project Symons

Bill To Ordered by/Job Name/Notes Ship Via Partial Custom Design Build & Remodel Sandrd symons Ernie Merrill 2112 E Freeport (480)847-2750, Ernie Gilbert Az 85234 (480)482-8514, Lisa (719)238-9331, I\4obile see below for Terms & Conditons of Invoice

atv Unit Description Price Per I Amount

3.36 sq.ft. 2t,796.86 2,607.28 sq'ft. [MCM]IOTLCFI 9/16" x 8" W/ RL up to 75",Wire Brushed French Oak Engineered Wood (Color Fill), Collection: Mediterranean Color: Moda, 25.07 s bx 104 boxes ETA: Stock will be available in California on August 11th. I 3-4 business days for order to arrive at Maverick warehouse.

Laundry Room Floor 6.39 sq.ft. 730.38 tL4.3 sq.ft. [A4ONETWGRl2231 12 x 23 Floor/WallTile Collection: Network Color/Finish: Gray Matte, 11.43 sflbx boxes ETA: 3-4 business days for order to arrive at Maverick warehouse.

Will Call Note: boxes of Moda reteived 0B/24l23 by Darrin boxes of Moda received 12/6/23 by Darrin

Laundry room tile cancelled 1U6l23 per Lisa

I

Left 500/o d balance to be id n ick u Subtotal $22,527.24

ALL CLAII'IS FOR OR ERRORS M BE TIADE WIIHIN baYs oF THrs rNvorcE Sales Tax (O.Oolo) $o.oo l.)IYaverrkacceotsrebrnslYithn(30)daysoftheinvoicedate,otherwsethereturnwillnotbeaccepted. 2.iAllreturnS are subject !o a non_neqohable 25olo Iestockrnq fee Payments/credits -$16,052.46 :.iwood ioonng, adtresve, grou! thinset, carpe! and vin)4 sheeb are special orders and Gnnot b€ return€d. 4.)Refunds are only issued by check. s.lOnfv frff.urtonj rr" abwed for return, Box€s that are partal. opened, have $gns oftampering, taped, ripped, or damaged Total $22,527.24 will not be accepted for refurn. 6.)Mouldinq cannot be returned if the material has b€en painted, cub or damaged' 7,ilhe material reblrned must be in qood saleable condibon. Balance Due $6,474.78 Wa wI not be responsibh for any damage oI loss ol any matenals thal leave our Dremi9es' Phase check all materials purchased before leaving our warehouse. wifi cAf oRDfRS, unf"; special afiangements;re made. I\4avenck will not honor atly claims for un.laimed marerial after Showroom Hours (60) days. paymenl of this 14on-Fri 8am-5pm The customer agrees t0 pay allRecovery Fees, Attorneys Fees and Legal Fees in the event ofany imposed AoreemenL I aqree to hese terms and condibons and acknowledge reaeipt of all materials. Sat gam-4pm Date sun by Appt. X Received by Investigations 06/24/2024 2024-07183

Packing SliP MAVIRICK ri t, if:) ) FlOrri!1t ti Mrijld,ng \a h rirlh]l ra. r{r':,1, it li',,:i t '-:-lit {.t80lit/ b.l i9.O'lfi(t rnlo@maverrckfioo nqa.ijn$rldliq aorn. i lrlail llill lr, (:*ltorn |)eriqn flr,ikl & Pe.:dj,l arnr l.l9llrl (480t.11r 2110. t.1it ldrl0),1t:-rjil 4. ti5n

Q{r&i:t!r- llem aode

_Mtl/rH0/lrtl! :. irllll..: S Ml{l itnaiananI lh ,fl .!,ril uF-. ,\ r.,r, h,1., .r .. .,. ,t.tt. lcolo,rJl, Colh(ron: r"ledrteid"ear ( otor r,tcoa. ^,_ ,, r.r, 104 mres t lAi stocl yrlll be lvailabte ,n Californra on AlrQust I tif,. 3-4 business days tor order t! ar&e at Mave.ial rlarai)uula

iar-:rrn-.tfr! f$.6oxos cocrr{:1.!,r::;:! ',i: & I,.-: i 5IA*r<'ttst!ffie r.nveifi13ffii.iillf'd?q: -i a: { ':: t'., 'lc o / ei. L"7f.rL.

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hqtff'nr,".t.l agix to &ej. ternrfurd aoslrti.rlt ,r(J ,t.lr',,!'v!xl',1' rii{{.!ld tl ,{l l|ut.,||i lr. )(i x

LdL n, a:l!)!!r: {Cirdoner s€oat r€) k:,tidli{. J Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Monday, September 11, 2023 '12:.12 PM To: Lisa Beers Subject: . RE: Payment Status Attachments: Updated Open Balance report.pdf

Good afternoon Lisa,

I hope you're doing well. I'm reaching out to see if I can get the payment status for lnvoices 1033, 1085, and 1088, which have a total amount due of 512,022.56. My accountant inquired about the balance as she plans to close my August books this week.

I look forward to hearing from you.

Thank you,

Star Caudillo

From: Star Caudillo Sent: Friday, September 1,2023 1"2:57 PM To: Lisa Beers <[email redacted]> subject: lnvoice 1085 & 1091

Hi Lisa,

Please see the attached invoices for the wood adhesive and open Balance report

Thank you,

Star Caudillo Sales/owner

& info@maverickfl oorinqandmouldino.com @eqsgt-astg * (ooztsss-zzoo E zso r'r. cilbert Rd, Mesa, Az 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Wednesday, .,anuary 3,2024 1 1:19 AM To: Lisa Beers Cc: Ernie Merrill Subject: lnvoice 1033 - Symons Attachments: Open Balance Reporl.pdf

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for i few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you, star Caudillo Sales/owner

&l [email redacted] (+eo)sgz-ogzg "f rooz)sss-zzoo I zso ru. Gilbert Rd, Mesa, AZ 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Lisa Beers < [email redacted]> Sent: Wednesday, January 3, 2024 1 1:26 AM To: Star Caudillo Cc: Ernie Merrill Subject: Re: lnvoice 1033 - Symons

Good Morning Star:

I am just reaching out to tet you know that I no tonger work for Ernie. can you ptease remove my emai[ address, lt was such a pteasure workingwith you and wish you and your husband the best.

Lisa

on wed, Jan 3,2024 al1 1 :18 AM star cauditto <inlo@mavqlc-kfloaru'gEncimouldlng'com> wrote:

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up'

Th ank you

Star Caudillo Sales/owner

€! info@maverickfl oorinoandmouldino.com J (+aotsgz-oazg I rsozlses-zzoo $ zso tl. Gilbert Rd, Mesa, AZ 8s203

oo Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Wednesday, Janua ry 3,2Q24 3:16 PM To: Ernie Merrill Subject: FW: lnvoice 1033 - Symons Attachments: 1033.pdf

Good afternoon Ernie, and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you,

Star

From: Lisa Beers <[email redacted]> Sent: Wednesday, January 3, ZO24 Ll:26 AM To: Star Caudillo <info@maverickf looringandmoulding.com> Cc: Ernie Merrill <[email redacted]> Subject: Re: lnvoice 1033 - Symons

Good Morning Star:

I am just reaching out to let you know that I no longer work for Ernie. Can you please remove my ema il address, ltwas such a pleasure working with you and wish you and your husband the best.

Lisa

on wed, Jan 3,2024 at 11:18 AM Star caudillo <info@maverickfloorinaandmou ldins.com> wrote:

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on thls invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Tha nk you

Received by Investigations 06/24/2024 2024-07183

Star Caudillo Sales/Owner

&t info@maverickfl ooringandmouldino.com I aaotsgt-oztg & rooztsss-zzoo S zso N. Gilbeft Rd, Mesa, AZ 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Tuesday, January 3O, 2024 7:51 AM To: Ernie Merrill Subject: lnvoice '1033 (Symons) Payment Attachments: 1033.pdf

Dear Ernie,

We urgentty need your attention to resotve the ongoing situation regarding your overdue invoice 033. '1

you Duringyour visit to my store on January 8th, Rafaet discussed this matter with you. At that time,

assured Rafaet that payment woutd be made within two weeks. However, the originat invoice agreement

Rafael and I states that the batance must be paid upon pick up, and your invoice is now 60 days [ate.

have been communicating with you and Lisa since september 1st, 2023, regardingthe status of this

payment invoice, but we have not received ctear communication from either of you regarding the

situation

I have been patient and more than fair regardingthis detayed invoice, but I have now run out of patience'

ptease make the payment by Friday and arrange for the pick-up of your remalning order. Failure to make

to American the payment by Friday, February 2nd, 2024, witt resutt in your account being transferred

Contractors lndemnity Company and/or Arizona Registrar of Contractors'

lmmediate payment of $6,47 4.78 wi\|prevent this action from being taken'

Received by Investigations 06/24/2024 2024-07183

As a reminder, our payment terms require a 500/o deposit down, with the batance to be paid upon pick up.

On August 24th, 2023,tne batance payment was initiated due to the partia t pic k u p of rn ate ria ts. The

invoice clearly states this, and that order cannot be returned within 30 days.

Please let us know as soon as possibte when you plan to make the payment.

Sincerety,

Star Cauditto

From: Star Caudillo Sent: Wednesday, January 3, 2024 3:16 PM To: Ernie Merrill <[email redacted]> Subject: FW: lnvoice 1033 - Symons

Good afternoon Ernie, and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you,

Star

From: Lisa Beers <lisab eers07 smail.com> Sent: Wednesday, lanuary 3,2024 LL'.26 AM To: Star Caudillo <info(omave rickf loorineand mouldins.com> Cc: Ernie Merrill <erniem errill@ hotmail.com> Subject: Re: Invoice 1033 - Symons

Good Morning Star:

I am just reaching out to let you know that I no longer work for Ernie. Can you please remove my email address, lt was such a pleasure working with you and wish you and your husband the best.

Lisa

On Wed, Jan 3, 2024 at 11:18 AM Star Caudillo <info@ maverickfloorineandmou ldinP.com> wrote

Received by Investigations 06/24/2024 2024-07183

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Tha nk you

Star Caudillo Sales/Owner

& info@maverickfl oorinqandmoulding.com S (+golsgz-o:zg * rooztses-zzoo zso u. Gilbert Rd, Mesa, Az 85203

o@

Received 6/26/2024 ROC Legal

June 26, 2024

Arizona Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007

RE: Written Statement for Complaint No. 2024-07183

This is my official statement about how my company, Maverick Flooring and Moulding, handles transactions with contractors for materials being sold to them. When a contractor visits my store to purchase materials such as flooring, I request a 50% deposit for the invoice, with the balance to be paid upon picking up the materials. The invoice serves as the official contract outlining the terms of the purchased materials.

Ernie Merrill of Custom Design Build and Remodel agreed to the payment terms stated on Invoice 1033, which required a 50% deposit, with the remaining balance to be paid in full upon picking up the materials. This agreement was mutually agreed upon in our discussion, and Ernie made the 50% deposit. Ernie had called me at my store on August 18, 2023, and told me they would start picking up the flooring on August 24, 2023. I told Ernie that the balance would need to be paid for the materials to be released as agreed upon the terms. He said he would stop by my office and pay the balance on August 25. I informed him there was no problem and released a partial materials pick-up on August 24, 2023. However, Ernie did not show up at my office on August 25, 2023. I have made several attempts to reach out to Ernie's office assistant, Lisa Beers, and Ernie himself to follow up on the balance payment.

Despite my repeated attempts to get the payment for the balance, Ernie Merrill of Custom Design Build and Remodel has refused to pay the $6,474.78 owed for Invoice 1033, dated August 1, 2023.

--- Star Caudillo Owner Maverick Flooring and Moulding (480)597-6379, office

 250 N. Gilbert Rd. Mesa, AZ 85203  (480)597-6379  [email redacted] Received 6/28/24, 8:33 AM State of Arizona Mail - No Pay Notice - 2024-07183 6/26/2024 ROC Legal

Legal New Mail - AZROC <[email redacted]>

No Pay Notice - 2024-07183 Star Caudillo <[email redacted]> Wed, Jun 26, 2024 at 2:56 PM To: Legal New Mail - AZROC <[email redacted]>

Hi,

Attached is my written statement how my company, Maverick Flooring and Moulding, handles transactions with contractors for materials being sold to them.

With kind regards,

Star Caudillo [Quoted text hidden]

Maverick Flooring and Moulding Written Statement.pdf 118K

https://mail.google.com/mail/b/AEoRXRSVtiaSJ4oO0CwqR59SEztM1oaTGME5aHDKWrzIFssYNWKm/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/1 June 26, 2024

Via U.S. Mail and Email

Complainant Maverick Flooring & Moulding 250 N Gilbert Road Mesa, AZ 85203

Via U.S. Mail and Email

Respondent Teancum LLC DBA: Custom Design Build & Remodel 2036 N Gilbert RD # 2-155 Mesa, AZ 85203

Re: Complaint No. 2024-07183

Dear Complainant and Respondent:

The Registrar received a complaint filed against Teancum LLC DBA: Custom Design Build & Remodel for non-payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

- Contract pertaining to the scope of work and start date of work. For written contracts, provide a copy of the original contract signed (by both parties). If the only written document describing the contract are a proposal, bid, or invoice, please provide a written statement describing the agreement that included the following information: • The reason a written contract is not being provided (e.g. contractor did not provide a written contract, the contract is lost, the contract was destroyed). • A description of any written documents used to describe the contract (e.g. email, text messages). • A description of the work to be performed under the contract. • The date of the contract. • The names of the people who negotiated the contract. • The agreed upon amount of the contract.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Please provide ALL requested information by July 3, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

Although the complaint is incomplete at this time, Respondent may file a response with the Registrar raising any issues or affirmative defenses to the complaint.

If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.

Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 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 Lg100a 11/23 Received by Investigations 06/24/2024 RECEIVEO 2024-07183

JUN 2 ( 202( D"pu.t-"rrt"l ur" orrly Non-Payment Complaint Form INVE STIGATIOI{SmPlaint Number: Mail to: Registrar of Contractors ira-tK in P.O. Box 18243 Phoenix, AZ 85005-8243

Business Name Full Name (First Middle Last) ROC License Numbe(s) (if any) Maverick Flooring and Moulding Star Caudillo Street Address City State ziP Code 250 N. Gilbert Rd. Mesa AZ 85203 Phone Number Email Address 480-597-6379 tn maverickfl ooringandmoulding.com I cons€nt to Eceive communications electronically in cormecti(m with this case. Yes E No !

Nameo{ Attomey (if any)

City Stat0 Zip Code Attomev's Street Address

Attomev's Phone Number Attomey's Email Address

Name (as shown on contractt invoices, etc.) ROC Liccnse Numbcr(s) Ernae Menill 337798 City State Z,P Code Street Address 2440 E Menlo St Mesa M 852 13 Phonc Number Email Address 4AO-U7-2750 [email redacted] Name of Person(s) Reptesenting License Emie Merill

Principal Amount Due (excludinS interest and fees) Conlract Date (if applicable) $6,474.78 08t01123 Havc you 6led a civil comPlaint? Yes tr (lf yes, provide a coPy of the civil iudgment) No=

List all Atta(h additional iI 1. lnvoice 1033 2.

3.

4.

l f, tifv, LI po informotion and bel i"f' tha t the aboae-named I tcetl5ee has iLeLl to Pay 111() ,es I l1 erce55 sa?e tl h ,f f ed f,ftv dol lars when il 1t t'n, tt ateriql 5 or set'ut ces fe ndered tn con nectio ,1 10t th the licensee s o?efiti o s as con troc to / I rtf, her cer t ,lV uPo format 11])n ancl t ofilcs t fo, thc parti cul ar cofl5 tru cf ton ltel i"f, tha I tlrc sboae- fia 1n ed I lCensee has tlte cnpacity lo Pay, or has recei-oed 5 ufficien Itl Pay lnc11

iut) rk or tiofl w|r ich the serurceS ta lfi ls were rendered o urchased, A R. s 3 2 1 1 J I ( A ) ( 1 0 ) Date Printed Name Star Caudillo 06121124

I 4fi1 the Conrylo 1n417 t 1n this C'omplaint Fornt or Coll P I t1l ,1q t ,s d uly all thorized rePres tll iic I tlec la t' u nder Pen I tU ,f Perl ll ry fhu t the informat totl contained I th l5 Form t5 true Ntd co rfec t lo tlE best ,f my knowledge. I f, rther ccrt ,fy h tlt v clocumen fs 5 LI hrt t tecl fl su?port this co 1tlp lain t afe ttue snd cofrect corrcs arf the rl'ginals t1 d irt occ 1l rate to tlrc Ilcs t "f m v kn 0111I edgc I 7L1t I 1 4SS ls t7 t11

I uttest "flon of o1 the tio tl the cotl tractor o t ther al, i necessa a tf nd h cn n d tc t to ls. Datc Printed Name Star Caudillo o6t2't t24 Received by Investigations 06/24/2024 2024-07183

MAVE R IC K Flooring & Mou td ing

Ernie Merrill of Custom Design Build and Remodel has refused to pay the balance he owes for materials he purchased from my company, Maverick Flooring & Moulding. The balance he owes is $6,474.78 for Invoice 1033, dated August 1st, 2023. According to the payment terms on Invoice 1033, I requested a 50o/o deposit upfront, with the balance paid in full upon pick up of the materials.

Since the partial pick-up of materials on August 24th,2023,I have been diligently following up with Ernie's office. On September ls! I spoke to his assistant, Lisa Beers, about the payment status of the balance. I reiterated that I could release more material once the balance is paid in full. Lisa assured me that she would discuss the matter with Ernie and revert. However, no response was received.

I followed up with Ernie's office again on September 11th, speaking to Lisa Beers to inquire about the payment status, but she told me she had yet to receive an answer.

Lisa emailed me on October 20th,2023, requesting an open balance report, which I promptly sent.

Unable to reach anyone, I left a voicemail at Ernie's office in November 2023.

On December 6th,2023, when Ernie's worker, Darrin Beers, came to pick up the materials from Invoice 1033, I took the opportunity to call Ernie directly. I reiterated the need for the balance to be paid, emphasizing that I cannot release more material until the payment is made in full. Ernie assured me that he would visit my store the next day, December 7th,2023, to settle the payment. However, he failed to honor his commitment.

On January 3rd,2024, my husband, Rafael Caudillo, called Ernie, leaving a message regarding the payment status. However, Ernie did not return our call.

On the same day, January 3rd,2024,I emailed Lisa and Ernie, asking for payment status and inquiring when the balance of materials would be picked up. Lisa responded, stating she no lonqer works for Ernie and requested removal from future emails.

On lanuary Bth,2024, Ernie visited my store and assured my husband, Rafael Caudillo, that he would make the payment withln two weeks. However, he did not fulfill this promise. In my subsequent email to Ernie, I restated the terms of the invoice, emphasizing that the balance needs to be paid by February znd,2024.I also warned him of the potentlal consequences of non-payment. Despite these reminders, Ernie visited on February lst,2024, and stated that he would not be paying for the balance of the materials as he is no longer working on that job and suggested that the homeowner should pay. I reiterated that the responsibility lies with him as the invoice is under his name, and he is accountable for the material, not the homeowner.

x 250 N. Gilbert Rd. Mesa, Az 85203 o (480)597-6379 E info@maverickflooringa nd mou lding.com Received by Investigations 06/24/2024 2024-07183 Invoice "/@ Date 81u2023 &il Invoice # 1033 MAVERICK 250 N. Gilbert Rd. Mesa, AZ 85203 Flooring & Moulding (480)s97-6379, office Ter ms

lob/Project Symons

Bill To Ordered by/Job Name/Notes Ship Via Partial Custom Design Build & Remodel Sandrd symons Ernie Merrill 2112 E Freeport (480)847-2750, Ernie Gilbert Az 85234 (480)482-8514, Lisa (719)238-9331, I\4obile see below for Terms & Conditons of Invoice

atv Unit Description Price Per I Amount

3.36 sq.ft. 2t,796.86 2,607.28 sq'ft. [MCM]IOTLCFI 9/16" x 8" W/ RL up to 75",Wire Brushed French Oak Engineered Wood (Color Fill), Collection: Mediterranean Color: Moda, 25.07 s bx 104 boxes ETA: Stock will be available in California on August 11th. I 3-4 business days for order to arrive at Maverick warehouse.

Laundry Room Floor 6.39 sq.ft. 730.38 tL4.3 sq.ft. [A4ONETWGRl2231 12 x 23 Floor/WallTile Collection: Network Color/Finish: Gray Matte, 11.43 sflbx boxes ETA: 3-4 business days for order to arrive at Maverick warehouse.

Will Call Note: boxes of Moda reteived 0B/24l23 by Darrin boxes of Moda received 12/6/23 by Darrin

Laundry room tile cancelled 1U6l23 per Lisa

I

Left 500/o d balance to be id n ick u Subtotal $22,527.24

ALL CLAII'IS FOR OR ERRORS M BE TIADE WIIHIN baYs oF THrs rNvorcE Sales Tax (O.Oolo) $o.oo l.)IYaverrkacceotsrebrnslYithn(30)daysoftheinvoicedate,otherwsethereturnwillnotbeaccepted. 2.iAllreturnS are subject !o a non_neqohable 25olo Iestockrnq fee Payments/credits -$16,052.46 :.iwood ioonng, adtresve, grou! thinset, carpe! and vin)4 sheeb are special orders and Gnnot b€ return€d. 4.)Refunds are only issued by check. s.lOnfv frff.urtonj rr" abwed for return, Box€s that are partal. opened, have $gns oftampering, taped, ripped, or damaged Total $22,527.24 will not be accepted for refurn. 6.)Mouldinq cannot be returned if the material has b€en painted, cub or damaged' 7,ilhe material reblrned must be in qood saleable condibon. Balance Due $6,474.78 Wa wI not be responsibh for any damage oI loss ol any matenals thal leave our Dremi9es' Phase check all materials purchased before leaving our warehouse. wifi cAf oRDfRS, unf"; special afiangements;re made. I\4avenck will not honor atly claims for un.laimed marerial after Showroom Hours (60) days. paymenl of this 14on-Fri 8am-5pm The customer agrees t0 pay allRecovery Fees, Attorneys Fees and Legal Fees in the event ofany imposed AoreemenL I aqree to hese terms and condibons and acknowledge reaeipt of all materials. Sat gam-4pm Date sun by Appt. X Received by Investigations 06/24/2024 2024-07183

Packing SliP MAVIRICK ri t, if:) ) FlOrri!1t ti Mrijld,ng \a h rirlh]l ra. r{r':,1, it li',,:i t '-:-lit {.t80lit/ b.l i9.O'lfi(t rnlo@maverrckfioo nqa.ijn$rldliq aorn. i lrlail llill lr, (:*ltorn |)eriqn flr,ikl & Pe.:dj,l arnr l.l9llrl (480t.11r 2110. t.1it ldrl0),1t:-rjil 4. ti5n

Q{r&i:t!r- llem aode

_Mtl/rH0/lrtl! :. irllll..: S Ml{l itnaiananI lh ,fl .!,ril uF-. ,\ r.,r, h,1., .r .. .,. ,t.tt. lcolo,rJl, Colh(ron: r"ledrteid"ear ( otor r,tcoa. ^,_ ,, r.r, 104 mres t lAi stocl yrlll be lvailabte ,n Californra on AlrQust I tif,. 3-4 business days tor order t! ar&e at Mave.ial rlarai)uula

iar-:rrn-.tfr! f$.6oxos cocrr{:1.!,r::;:! ',i: & I,.-: i 5IA*r<'ttst!ffie r.nveifi13ffii.iillf'd?q: -i a: { ':: t'., 'lc o / ei. L"7f.rL.

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At! {)y. r4tj1i tt l'4 tle i&i{ n t be tesporg|t, tat ,rrl t1dt.t,tt ,lllrtt ali nnt lralrrrni &'nvrttq i'{tr l[r1]il i'q P*-ax cf,e, atl ralenats $t(&at*i t)nrt lp ltrvlillj tli, vrnrrrrt,rlr'1' .,r tii', 4.{{5 ta ray al1frr*awq t &:5, n llrr rlrYr' I r.r dMl rajdl l!*r u lh{: {.vr.:t}t $l dl|t nltr\.d i,.rf,itr,,l "lhe $*rrnglt I

hqtff'nr,".t.l agix to &ej. ternrfurd aoslrti.rlt ,r(J ,t.lr',,!'v!xl',1' rii{{.!ld tl ,{l l|ut.,||i lr. )(i x

LdL n, a:l!)!!r: {Cirdoner s€oat r€) k:,tidli{. J Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Monday, September 11, 2023 '12:.12 PM To: Lisa Beers Subject: . RE: Payment Status Attachments: Updated Open Balance report.pdf

Good afternoon Lisa,

I hope you're doing well. I'm reaching out to see if I can get the payment status for lnvoices 1033, 1085, and 1088, which have a total amount due of 512,022.56. My accountant inquired about the balance as she plans to close my August books this week.

I look forward to hearing from you.

Thank you,

Star Caudillo

From: Star Caudillo Sent: Friday, September 1,2023 1"2:57 PM To: Lisa Beers <[email redacted]> subject: lnvoice 1085 & 1091

Hi Lisa,

Please see the attached invoices for the wood adhesive and open Balance report

Thank you,

Star Caudillo Sales/owner

& info@maverickfl oorinqandmouldino.com @eqsgt-astg * (ooztsss-zzoo E zso r'r. cilbert Rd, Mesa, Az 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Wednesday, .,anuary 3,2024 1 1:19 AM To: Lisa Beers Cc: Ernie Merrill Subject: lnvoice 1033 - Symons Attachments: Open Balance Reporl.pdf

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for i few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you, star Caudillo Sales/owner

&l [email redacted] (+eo)sgz-ogzg "f rooz)sss-zzoo I zso ru. Gilbert Rd, Mesa, AZ 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Lisa Beers < [email redacted]> Sent: Wednesday, January 3, 2024 1 1:26 AM To: Star Caudillo Cc: Ernie Merrill Subject: Re: lnvoice 1033 - Symons

Good Morning Star:

I am just reaching out to tet you know that I no tonger work for Ernie. can you ptease remove my emai[ address, lt was such a pteasure workingwith you and wish you and your husband the best.

Lisa

on wed, Jan 3,2024 al1 1 :18 AM star cauditto <inlo@mavqlc-kfloaru'gEncimouldlng'com> wrote:

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up'

Th ank you

Star Caudillo Sales/owner

€! info@maverickfl oorinoandmouldino.com J (+aotsgz-oazg I rsozlses-zzoo $ zso tl. Gilbert Rd, Mesa, AZ 8s203

oo Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Wednesday, Janua ry 3,2Q24 3:16 PM To: Ernie Merrill Subject: FW: lnvoice 1033 - Symons Attachments: 1033.pdf

Good afternoon Ernie, and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you,

Star

From: Lisa Beers <[email redacted]> Sent: Wednesday, January 3, ZO24 Ll:26 AM To: Star Caudillo <info@maverickf looringandmoulding.com> Cc: Ernie Merrill <[email redacted]> Subject: Re: lnvoice 1033 - Symons

Good Morning Star:

I am just reaching out to let you know that I no longer work for Ernie. Can you please remove my ema il address, ltwas such a pleasure working with you and wish you and your husband the best.

Lisa

on wed, Jan 3,2024 at 11:18 AM Star caudillo <info@maverickfloorinaandmou ldins.com> wrote:

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on thls invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Tha nk you

Received by Investigations 06/24/2024 2024-07183

Star Caudillo Sales/Owner

&t info@maverickfl ooringandmouldino.com I aaotsgt-oztg & rooztsss-zzoo S zso N. Gilbeft Rd, Mesa, AZ 85203

oo

Received by Investigations 06/24/2024 2024-07183

Star Caudillo

From: Star Caudillo Sent: Tuesday, January 3O, 2024 7:51 AM To: Ernie Merrill Subject: lnvoice '1033 (Symons) Payment Attachments: 1033.pdf

Dear Ernie,

We urgentty need your attention to resotve the ongoing situation regarding your overdue invoice 033. '1

you Duringyour visit to my store on January 8th, Rafaet discussed this matter with you. At that time,

assured Rafaet that payment woutd be made within two weeks. However, the originat invoice agreement

Rafael and I states that the batance must be paid upon pick up, and your invoice is now 60 days [ate.

have been communicating with you and Lisa since september 1st, 2023, regardingthe status of this

payment invoice, but we have not received ctear communication from either of you regarding the

situation

I have been patient and more than fair regardingthis detayed invoice, but I have now run out of patience'

ptease make the payment by Friday and arrange for the pick-up of your remalning order. Failure to make

to American the payment by Friday, February 2nd, 2024, witt resutt in your account being transferred

Contractors lndemnity Company and/or Arizona Registrar of Contractors'

lmmediate payment of $6,47 4.78 wi\|prevent this action from being taken'

Received by Investigations 06/24/2024 2024-07183

As a reminder, our payment terms require a 500/o deposit down, with the batance to be paid upon pick up.

On August 24th, 2023,tne batance payment was initiated due to the partia t pic k u p of rn ate ria ts. The

invoice clearly states this, and that order cannot be returned within 30 days.

Please let us know as soon as possibte when you plan to make the payment.

Sincerety,

Star Cauditto

From: Star Caudillo Sent: Wednesday, January 3, 2024 3:16 PM To: Ernie Merrill <[email redacted]> Subject: FW: lnvoice 1033 - Symons

Good afternoon Ernie, and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Thank you,

Star

From: Lisa Beers <lisab eers07 smail.com> Sent: Wednesday, lanuary 3,2024 LL'.26 AM To: Star Caudillo <info(omave rickf loorineand mouldins.com> Cc: Ernie Merrill <erniem errill@ hotmail.com> Subject: Re: Invoice 1033 - Symons

Good Morning Star:

I am just reaching out to let you know that I no longer work for Ernie. Can you please remove my email address, lt was such a pleasure working with you and wish you and your husband the best.

Lisa

On Wed, Jan 3, 2024 at 11:18 AM Star Caudillo <info@ maverickfloorineandmou ldinP.com> wrote

Received by Investigations 06/24/2024 2024-07183

Good afternoon Lisa and Happy New Year,

I'm reaching out to see if I can get the payment status for Invoice 1033. I haven't received any status on this invoice for a few months now. I would appreciate it if you could let me know when the balance is to be paid and when the remaining materials will be picked up.

Tha nk you

Star Caudillo Sales/Owner

& info@maverickfl oorinqandmoulding.com S (+golsgz-o:zg * rooztses-zzoo zso u. Gilbert Rd, Mesa, Az 85203

o@

Received 9/09/2024 ROC Legal Received 9/09/2024 ROC Legal Received 9/09/2024 ROC Legal Received 9/09/2024 ROC Legal Received 9/09/2024 ROC Legal Received 9/10/24, 7:57 AM State of Arizona Mail - Citation Answer 9/09/2024 ROC Legal

Answers - AZROC <[email redacted]>

Citation Answer message

Ernie Merrill <[email redacted]> Mon, Sep 9, 2024 at 2:52 PM To: "[email redacted]" <[email redacted]>

Mavreck floor -ROC.pdf 672K

https://mail.google.com/mail/b/AEoRXRQwXUrio_Af053pthUs45cGVNEvWqLCBn0Y9U7ynFvSpycF/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Maverick Flooring & Moulding, Case No. 2024-07183 COMPLAINANT, ORDER DENYING REQUEST TO v. DISMISS Teancum LLC DBA: Custom Design Build & Remodel , License No. ROC 337798, RESPONDENT.

BACKGROUND On August 27, 2024, the Registrar issued a citation against Respondent’s License No. 337798. Respondent filed its Answer on September 9, 2024. The Answer included a request to dismiss the citation. In its Request, Respondent contends that more than fifty (50%) deposit was paid, but that the remaining flooring has not been picked up nor has it been paid. Complainant’s invoice terms include a fifty percent (50%) deposit be paid when the flooring material is ordered and the remaining balance be paid upon pick up of the material. Complainant informed the Registrar on June 26, 2024, that Respondent did pick up part of the materials on August 24, 2023, and was supposed to pay for them on August 25, 2023, but failed to do so. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 A Notice of Hearing will be issued in due course. Dated October 25, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail on October 25, 2024 to: Respondent Teancum LLC DBA: Custom Design Build & Remodel 2036 N Gilbert RD # 2-155 Mesa, AZ 85203 Complainant Maverick Flooring & Moulding 250 N Gilbert Road Mesa, AZ 85203

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. 2024-07183/tq

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 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.

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