2024A-07696-CHC-ROC Notice of Hearing & Packet MAILED 2024-07696.pdf
2024A-07696-CHC-ROC · Registrar of Contractors · 2024-10-31
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Steve Bittner , Case No. 2024-07696
COMPLAINANT, Docket No. 2024A-07696-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Four Star Home Repairs LLC License No. ROC 344550,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:
December 3, 2024 1:00 PM Samuel Fox Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative
law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED
The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on October 9, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED
The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158
Charge: 3 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will
be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.
A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET
In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS
The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT
At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE
The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com
If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of
extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed
Complaints – Resolved/Settled/Withdrawn.”
Dated October 30, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Assistant II Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail October 30, 2024 to:
Respondent(s) Four Star Home Repairs LLC 103 W Head St Camp Verde, AZ 86322
Complainant(s) Steve Bittner 93 S Soldier Dr. Camp Verde, AZ 86322
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. 2024-07696 /
Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● Citation; and ● Answer. The Hearing Packet will also contain the following documents (if applicable): ● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos. What if there are If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to: ● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118. A sample prehearing disclosure form and instructions are provided to the parties by the Registrar. How do I obtain If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Complainant: Steve Bittner S Soldier Dr Camp Verde, AZ 86322
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Four Star Home Repairs LLC DBA: 103 W Head St Camp Verde, AZ 86322
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 July 16, 2024
Re: Complaint No. 2024-07696
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for Monday, August 5, 2024 at 1:00 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely,
Brandon Smith, Investigator 520 6285021 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Jobsite Inspection Notes
Case No.: 2024-07696 Investigator: Brandon Smith Inspection Date: Monday, August 5, 2024 Inspection Time: 1:00 PM
Jobsite Address: S Soldier Dr Camp Verde, AZ 86322
Complainant: Steve Bittner Respondent: Four Star Home Not Present: Repairs LLC Not Present:
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Jobsite General Notes: Inspection began promptly at 1:00 PM. Respondent did not show. Inspected flooring job in the home that was completed spring 2024. My findings on each complaint item are as follows:
Complaint Item: 1 - Ceramic tile in sunroom not level, crooked pattern, hollow tiles. Investigator’s Observation: VERIFIED: Inspection presented floor substrate unlevel, pattern in floor tile crooked, and at least 1/3 of the floor tiles are hollow. Governing Rule:
Complaint Item: 3 - Floor not leveled before LVP flooring installation throughout. Investigator’s Observation: VERIFIED: Floor substrate unlevel when LVP placed Governing Rule:
Complaint Item: 5 - Significant gaps between flooring types. Investigator’s Observation: VERIFIED: Transitions have spaces greater than 1" in places with no trim or transition molding in place at time of inspection. Complainant advised the molding just came off Governing Rule:
Complaint Item: 6 - Significant difference in height between flooring types, transition strips missing and/or improperly installed. Investigator’s Observation: UNVERIFIED: Tile and LVP are different heights. This is not an issue that can be addressed in the complaint process. Governing Rule:
Complaint Item: 7 - Quarter round trim missing throughout house. Investigator’s Observation: VERIFIED: Observed missing Quarter Round in the Livingroom and around the pantry cabinet. Governing Rule:
Complaint Item: 8 - Sloppy baseboard installation and caulk job, nails not set. Investigator’s Observation: VERIFIED: Through out house, baseboards installed with poor paint, nails not recessed and puttied, Governing Rule:
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Complaint Item: 10 - Closet doors not re-installed. Investigator’s Observation: VERIFIED: Closet doors not installed upon inspection Governing Rule:
Complaint Item: 13 - 3 pallets and a bag of concrete not removed from front of house. Investigator’s Observation: VERIFIED: Pallets still stacked in driveway Governing Rule:
ITEMS NOT REQUIRING CORRECTION:
Complaint Item: 2 - Ceramic tile in kitchen installed 10" too far into the dining room, floor not level, tile not randomly placed. Investigator’s Observation: UNVERIFIED: Inspection and investigation could not determine proof of the expectation of where the floor needed to transition between the kitchen and dining room. Governing Rule: Not Applicable
Complaint Item: 4 - Non-random plank selection of LVP flooring in dining room. Investigator’s Observation: UNVERIFIED: Product may lack sufficient amount of patterns to create the randomness that customer is looking for. Governing Rule: Not Applicable
Complaint Item: 9 - Bedroom flooring significantly lower than bathroom floor --trip hazard. Hall flooring significantly lower than bathroom Investigator’s Observation: UNVERIFIED: Tile and LVP are different heights. This is not an issue that can be addressed in the complaint process. Governing Rule: Not Applicable
Complaint Item: 11 - No protection or masking of anything during floor demolition; dust everywhere, inside cupboards, pantry, closets, etc. Investigator’s Observation: UNVERIFIED: Not a verifiable complaint item Governing Rule: Not Applicable
Complaint Item: 12 - No cleanup of area where tile saw was used on patio. Investigator’s Observation: UNVERIFIED: Not a verifiable complaint item Governing Rule: Not Applicable
Complaint Item: 14 - Plantation shutter damaged, wall plate broken, drywall damaged. Investigator’s Observation: UNVERIFIED: This item not demonstrated
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
and couldn’t substantiate contractor was culpable for damage. ring inspection Governing Rule: Not Applicable
Brandon Smith, Investigator 520 6285021 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Complaint # 2024-07696 P 1 JSI PHOTOS Complaint # 2024-07696 P 2 JSI PHOTOS Complaint # 2024-07696 P 3 JSI PHOTOS Complaint # 2024-07696 P 4 JSI PHOTOS Complaint # 2024-07696 P 5 JSI PHOTOS Complaint # 2024-07696 P 6 JSI PHOTOS Complaint # 2024-07696 P 7 JSI PHOTOS Complaint # 2024-07696 P 8 JSI PHOTOS Complaint # 2024-07696 P 9 JSI PHOTOS Complaint # 2024-07696 P 10 JSI PHOTOS Complaint # 2024-07696 P 11 JSI PHOTOS Complaint # 2024-07696 P 12 JSI PHOTOS Complaint # 2024-07696 P 13 JSI PHOTOS Complaint # 2024-07696 P 14 JSI PHOTOS Complaint # 2024-07696 P 15 JSI PHOTOS Complaint # 2024-07696 P 16 JSI PHOTOS Complaint # 2024-07696 P 17 JSI PHOTOS Complaint # 2024-07696 P 18 JSI PHOTOS Complaint # 2024-07696 P 19 JSI PHOTOS Complaint # 2024-07696 P 20 JSI PHOTOS Complaint # 2024-07696 P 21 JSI PHOTOS Complaint # 2024-07696 P 22 JSI PHOTOS Complaint # 2024-07696 P 23 JSI PHOTOS Complainant: Steve Bittner S Soldier Dr Camp Verde, AZ 86322
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Four Star Home Repairs LLC DBA: 103 W Head St Camp Verde, AZ 86322
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 August 26, 2024
License No. ROC 344550
Re:Complaint No. 2024-07696
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on September 13, 2024.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Complaint Item: 1 - Ceramic tile in sunroom not level, crooked pattern, hollow tiles. Investigator’s Observation: VERIFIED: Inspection presented floor substrate unlevel, pattern in floor tile crooked, and at least 1/3 of the floor tiles are hollow. Governing Rule:
Complaint Item: 3 - Floor not leveled before LVP flooring installation throughout. Investigator’s Observation: VERIFIED: Floor substrate unleveled when LVP placed Governing Rule:
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: 5 - Significant gaps between flooring types. Investigator’s Observation: VERIFIED: Transitions have spaces greater than 1" in places with no trim or transition molding in place at time of inspection. Complainant advised the molding just came off Governing Rule:
Complaint Item: 6 - Significant difference in height between flooring types, transition strips missing and/or improperly installed. Investigator’s Observation: UNVERIFIED: Tile and LVP are different heights. This is not an issue that can be addressed in the complaint process. Governing Rule:
Complaint Item: 7 - Quarter round trim missing throughout house. Investigator’s Observation: VERIFIED: Observed missing Quarter Round in the Living room and around the pantry cabinet. Governing Rule:
Complaint Item: 8 - Sloppy baseboard installation and caulk job, nails not set. Investigator’s Observation: VERIFIED: Through out house, baseboards installed with poor paint, nails not recessed and puttied, Governing Rule:
Complaint Item: 10 - Closet doors not re-installed. Investigator’s Observation: VERIFIED: Closet doors not installed upon inspection Governing Rule:
Complaint Item: 13 - 3 pallets and a bag of concrete not removed from front of house. Investigator’s Observation: VERIFIED: Pallets still stacked in driveway Governing Rule:
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint Item: 2 - Ceramic tile in kitchen installed 10" too far into the dining room, floor not level, tile not randomly placed. Investigator’s Observation: UNVERIFIED: Inspection and investigation could not determine proof of the expectation of where the floor needed to transition between the kitchen and dining room. Governing Rule: Not Applicable
Complaint Item: 4 - Non-random plank selection of LVP flooring in dining room. Investigator’s Observation: UNVERIFIED: Product may lack sufficient amount of patterns to create the randomness that customer is looking for. Governing Rule: Not Applicable
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: 9 - Bedroom flooring significantly lower than bathroom floor --trip hazard. Hall flooring significantly lower than bathroom Investigator’s Observation: UNVERIFIED: Tile and LVP are different heights. This is not an issue that can be addressed in the complaint process. Governing Rule: Not Applicable
Complaint Item: 11 - No protection or masking of anything during floor demolition; dust everywhere, inside cupboards, pantry, closets, etc. Investigator’s Observation: UNVERIFIED: Not a verifiable complaint item Governing Rule: Not Applicable
Complaint Item: 12 - No cleanup of area where tile saw was used on patio. Investigator’s Observation: UNVERIFIED: Not a verifiable complaint item Governing Rule: Not Applicable
Complaint Item: 14 - Plantation shutter damaged, wall plate broken, drywall damaged. Investigator’s Observation: UNVERIFIED: This item not demonstrated during inspection Governing Rule: Not Applicable
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Brandon Smith, Investigator 520 6285021 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Steve Bittner S Soldier Dr Camp Verde, AZ 86322
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Four Star Home Repairs LLC DBA: 103 W Head St Camp Verde, AZ 86322
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 September 10, 2024
License No. ROC 344550
Re:Complaint No. 2024-07696
(EXTENSION GRANTED FROM 9/13/24 to 9/27/24) WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, September 27, 2024.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Complaint Item: 1 - Ceramic tile in sunroom not level, crooked pattern, hollow tiles. Investigator’s Observation: VERIFIED: Inspection presented floor substrate unlevel, pattern in floor tile crooked, and at least 1/3 of the floor tiles are hollow. Governing Rule:
Complaint Item: 3 - Floor not leveled before LVP flooring installation throughout. Investigator’s Observation: VERIFIED: Floor substrate unlevel when LVP placed Governing Rule:
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: 5 - Significant gaps between flooring types. Investigator’s Observation: VERIFIED: Transitions have spaces greater than 1" in places with no trim or transition molding in place at time of inspection. Complainant advised the molding just came off Governing Rule:
Complaint Item: 6 - Significant difference in height between flooring types, transition strips missing and/or improperly installed. Investigator’s Observation: UNVERIFIED: Tile and LVP are different heights. This is not an issue that can be addressed in the complaint process. Governing Rule:
Complaint Item: 7 - Quarter round trim missing throughout house. Investigator’s Observation: VERIFIED: Observed missing Quarter Round in the Livingroom and around the pantry cabinet. Governing Rule:
Complaint Item: 8 - Sloppy baseboard installation and caulk job, nails not set. Investigator’s Observation: VERIFIED: Through out house, baseboards installed with poor paint, nails not recessed and puttied, Governing Rule:
Complaint Item: 10 - Closet doors not re-installed. Investigator’s Observation: VERIFIED: Closet doors not installed upon inspection Governing Rule:
Complaint Item: 13 - 3 pallets and a bag of concrete not removed from front of house. Investigator’s Observation: VERIFIED: Pallets still stacked in driveway Governing Rule:
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint Item: 2 - Ceramic tile in kitchen installed 10" too far into the dining room, floor not level, tile not randomly placed. Investigator’s Observation: UNVERIFIED: Inspection and investigation could not determine proof of the expectation of where the floor needed to transition between the kitchen and dining room. Governing Rule: Not Applicable
Complaint Item: 4 - Non-random plank selection of LVP flooring in dining room. Investigator’s Observation: UNVERIFIED: Product may lack sufficient amount of patterns to create the randomness that customer is looking for. Governing Rule: Not Applicable
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: 9 - Bedroom flooring significantly lower than bathroom floor --trip hazard. Hall flooring significantly lower than bathroom Investigator’s Observation: UNVERIFIED: Tile and LVP are different heights. This is not an issue that can be addressed in the complaint process. Governing Rule: Not Applicable
Complaint Item: 11 - No protection or masking of anything during floor demolition; dust everywhere, inside cupboards, pantry, closets, etc. Investigator’s Observation: UNVERIFIED: Not a verifiable complaint item Governing Rule: Not Applicable
Complaint Item: 12 - No cleanup of area where tile saw was used on patio. Investigator’s Observation: UNVERIFIED: Not a verifiable complaint item Governing Rule: Not Applicable
Complaint Item: 14 - Plantation shutter damaged, wall plate broken, drywall damaged. Investigator’s Observation: UNVERIFIED: This item not demonstrated during inspection Governing Rule: Not Applicable
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Brandon Smith, Investigator 520 6285021 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 9/10/24, 4:48 PM State of Arizona Mail - 2024-07696 Written Directive Extension Granted to 092724 5PM
Brandon Smith <[email redacted]>
2024-07696 Written Directive Extension Granted to 092724 5PM message
Brandon Smith <[email redacted]> Tue, Sep 10, 2024 at 4:47 PM To: Four Star Home Repairs <[email redacted]>, Reg Bittner <[email redacted]>
Greetings,
I met with the Respondent in this complaint at 0830 AM on September 6, 2024. At that time he provided me with a hand written rebuttal, challenging several items on the directive.I have attached this document to this email.
Every conflict has multiple perspectives. ROC complaints are no exception to this. I scheduled and sent out a Jobsite Inspection Notice on August 26, 2024. This document provides detailed information about the responsibilities of both parties leading up to and during the inspection process. The Complainant has to be present and provide access for the inspection. They did this.
The respondent is not required to attend the Inspection. Here is an excerpt from the Jobsite Inspection Notice pertaining to the responsibilities of the respondent.:
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
As you can see in the text in red, I gave the Respondent the opportunity to submit a response prior to the inspection. I also advised the Respondent that I would have made reasonable accommodations to scheduling should he have notified me of a conflict.
The respondent did not attend the inspection and did not provide a response until about a week after he received the Written Directive in the mail.
After I reviewed his response, there is a good chance that I will uphold the respondents challenge to all or some of the items he rebutted. I will make my decision next week.
I met with the respondent at about 08:30 AM on September 6th. After that meeting, the respondent wrote the complainant requesting access to the jobsite on 9/10/24 to complete Written Directive work he is not disputing.
I received an email from the complainant on Sunday, September 8th advising me that she had heard from the respondent and he was wanting to work the week of September 9th. She alerted me then that she was going to be out of town till the 13th of September, which by the way was the original Directive deadline.
I advised her in an email on 9/9/24 that I would extend the deadline to 9/20/24 to give her and the respondent time to coordinate the repairs. At 07:49 AM on September 9th, I called and left the respondent a message advising him that I was extending the deadline because the complainant was out of town.
https://mail.google.com/mail/u/0/?ik=2964dd124b&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-a:r22335450462568393… 1/2 9/10/24, 4:48 PM State of Arizona Mail - 2024-07696 Written Directive Extension Granted to 092724 5PM Upon review, I decided to extend to September 27, 2024, 500PM to give the respondent a full 15 day period to correct the work.
So here is how we arrived at where we are. I am requesting that both parties communicate, coordinate and schedule the repairs listed on the directive. The ROC Investigators do not manage the project.
Please advise me when the work is complete, and I will schedule a compliance inspection to verify the work was performed. I am authorized and encouraged by the ROC management team to give Respondents every opportunity to perform the work outlined in the directives. As long as there is progress on the project, and there is good, reasonable cause, I will almost always grant Directive Extensions.
Please do not hesitate to call me if you have any questions or concerns.
v/r
Brandon L. Smith | Investigator
Arizona Registrar of Contractors
1700 W. Washington Street Suite 105 Phoenix, AZ 85007 Phone (520) 508-9196
E-Mail: [email redacted]
attachments img20240906_11442853.pdf 227K 2024-07696 RespondentAnswer 090624.pdf 435K Written Directive Extended to 092724 2024-07696.pdf 163K
https://mail.google.com/mail/u/0/?ik=2964dd124b&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-a:r22335450462568393… 2/2 Complainant: Steve Bittner S Soldier Dr Camp Verde, AZ 86322
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Respondent: Four Star Home Repairs LLC DBA: 103 W Head St Camp Verde, AZ 86322
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Compliance Notes Case No.: 2024-07696 Investigator: Brandon Smith Inspection Date: Monday, October 3, 2024 Inspection Time: 9:00 AM Respondent Not Present at Compliance Inspection: ☒ Compliance Inspection Not Conducted: ☐
Compliance Jobsite General Notes: Gave Respondent notice of CJIS. He did not show. He also did not show to JIS. Repondent made no effort to comply with the directive. I conducted a CJIS to collect more evidence and to verify my original determination was correct. Also, respondnent provided a response after the JSI that I felt I should consider on a re-inspection. I audio recorded and photographed the CJIS with my agency issued Google Phone. Photographs and audio recording uploaded to complaint file.
Compliance Findings:
Complaint Item: 1 - Ceramic tile in sunroom not level, crooked pattern, hollow tiles. Investigator’s Initial Observation: VERIFIED: Inspection presented floor substrate unlevel, pattern in floor tile crooked, and at least 1/3 of the floor tiles are hollow. Compliance Observation: 87 tiles out of 204 are hollow. Imperfections in floor levelness apparent throughout the floor. Governing Rule: 32-1154(A)(3) Poor work ☐ CORRECTED ☒ NOT CORRECTED
Complaint Item: 3 - Floor not leveled before LVP flooring installation throughout. Investigator’s Initial Observation: VERIFIED: Floor substrate unlevel when LVP placed Compliance Observation: Imperfections in floor levelness apparent throughout the floor. Governing Rule: 32-1154(A)(3) Poor work ☐ CORRECTED ☒ NOT CORRECTED
Complaint Item: 5 - Significant gaps between flooring types. Investigator’s Initial Observation: VERIFIED: Transitions have spaces greater than 1" in places with no trim or transition molding in place at time of inspection. Complainant advised the molding just came off 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Compliance Observation: Molding and construction adhesive removed from floor upon inspection. On the transition in the kitchen, the seam is inconsistent, jagged, greater than 1” on one side and approximately 3/8” reveal in the other. Governing Rule: 32-1154(A)(3) Poor work ☐ CORRECTED ☒ NOT CORRECTED
Complaint Item: 7 - Quarter round trim missing throughout house. Investigator’s Initial Observation: VERIFIED: Observed missing Quarter Round in the Livingroom and around the pantry cabinet. Compliance Observation: Quarter Round missing around cabinets and other perimeter areas on floor. Governing Rule: 32-1154(A)(3) Poor work ☐ CORRECTED ☒ NOT CORRECTED
Complaint Item: 8 - Sloppy baseboard installation and caulk job, nails not set. Investigator’s Initial Observation: VERIFIED: Through out house, baseboards installed with poor paint, nails not recessed and puttied, Compliance Observation: Not completed Governing Rule: 32-1154(A)(3) Poor work ☐ CORRECTED ☒ NOT CORRECTED
Complaint Item: 10 - Closet doors not re-installed. Investigator’s Initial Observation: UNVERIFIED: Closet doors not installed upon inspection Compliance Observation: Upon reviewing Complainant’s response, I have changed this to UNVERIFIED. I have no way of knowing who was responsible for removing or installing closet doors. Governing Rule: UNVERIFIED ☐ CORRECTED ☐ NOT CORRECTED
Complaint Item: 13 - 3 pallets and a bag of concrete not removed from front of house. Investigator’s Initial Observation: UNVERIFIED: Pallets still stacked in driveway Compliance Observation: Upon reviewing Complainants Response, I have changed this to UNVERIFIED. The Complainant’s account that he couldn’t remove the pallets due to the deposit value is reasonable. Governing Rule: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 ☐ CORRECTED ☐ NOT CORRECTED
Note:
Respondent contacted AC Philpott challenging the entirety of the complaint based on the assertion that he turned the job over to his insurance company and a offer was made to the complainants to resolve the matter. Respondent was instructed to provide documentation of this from his insurance company so we could evaluate its impact on the complaint. Respondent never provided the documentation. Complainants provided this documentation via email to me. I uploaded the documents to the complaint file. Amount offered was not enough to pay for the work to be corrected. Complainants assert the amount offered from the insurance company would not cover the material required for the repairs.
Please review the complaint items listed above. If any of the items have not been corrected this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Brandon Smith, Investigator 520 6285021 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Complainant: Steve Bittner S Soldier Dr Camp Verde, AZ 86322
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 Respondent: Four Star Home Repairs LLC DBA: 103 W Head St Camp Verde, AZ 86322
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 September 30, 2024
Compliance Jobsite Inspection Notice Re: Complaint No. 2024-07696
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for Wednesday, October 3, 2024 at 9:00 AM to determine the current status of the items listed on the issued Directive.
The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.
Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.
Sincerely,
Brandon Smith, Investigator 520 6285021 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 Complaint # 2024-07696 P 1 CJIS PHOTOS Complaint # 2024-07696 P 2 CJIS PHOTOS Complaint # 2024-07696 P 3 CJIS PHOTOS Complaint # 2024-07696 P 4 CJIS PHOTOS Complaint # 2024-07696 P 5 CJIS PHOTOS Complaint # 2024-07696 P 6 CJIS PHOTOS Complaint # 2024-07696 P 7 CJIS PHOTOS Complaint # 2024-07696 P 8 CJIS PHOTOS Complaint # 2024-07696 P 9 CJIS PHOTOS Complaint # 2024-07696 P 10 CJIS PHOTOS Complaint # 2024-07696 P 11 CJIS PHOTOS Complaint # 2024-07696 P 12 CJIS PHOTOS Complaint # 2024-07696 P 13 CJIS PHOTOS Complaint # 2024-07696 P 14 CJIS PHOTOS Complaint # 2024-07696 P 15 CJIS PHOTOS Complaint # 2024-07696 P 16 CJIS PHOTOS Complaint # 2024-07696 P 17 CJIS PHOTOS Complaint # 2024-07696 P 18 CJIS PHOTOS Complaint # 2024-07696 P 19 CJIS PHOTOS Complaint # 2024-07696 P 20 CJIS PHOTOS Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
CLAIM NO.: 24204450 INSURED: (FOUR STAR HOME REPAIRS LLC)
Policy No.: BKS663891041 Address: 103 W Head St Date of Loss: 05/10/2024 12:01 AM Camp Verde AZ 86322 Type of Loss: Construction defect nonsp... Home phone: Deductible: Business phone: (928) 420-6110 Year Built: Mobile phone: Email: [email redacted] Contact: Adjuster: Anthony Jacobs Phone: (619) 744-6169 Loss address: 93 S Soldier Dr Email: [email redacted] CAMP VERDE AZ 86322
Estimator:Anthony Jacobs Phone: (619) 744-6169 Email: [email redacted]
DATES POLICY INFORMATION Policy Type: Commercial Package Policy Assigned: 06/12/2024 Underwriting Co: Ohio Security Insurance Company Contacted: 06/14/2024 Inspected: 06/17/2024 Effective from: 06/19/2023 to: 06/19/2024 Estimated: 06/23/2024 COVERAGE Limits Liability Property Damage CLAIM TYPE
Type of Claim: Construction defect nonspecific date/time element
Claim 24204450 Page 1 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
CLAIM NO.: 24204450 INSURED: (FOUR STAR HOME REPAIRS LLC)
Date of Loss: 05/10/2024 Address: 103 W Head St Camp Verde AZ 86322 Deductible: Type of Claim: Construction defect nonspecific Home phone: date/time element Business phone: (928) 420-6110 Pricing Database: CoreLogic Data Driven USDC - Mobile phone: June 2024 (Arizona) (Carefree) Email: [email redacted] ADJUSTER CONTACT Contact Name: Robert Mullis Claim Rep: Anthony Jacobs Contact Phone: (928) 420-6110 Phone: (619) 744-6169 Contact Email: [email redacted] Email: [email redacted] Loss address: 93 S Soldier Dr CAMP VERDE AZ 86322
Estimator: Phone: Email:
DATES POLICY INFORMATION
Assigned: 06/12/2024 Policy No.: BKS663891041 Contacted: 06/14/2024 Policy Type: Commercial Package Policy Inspected: 06/18/2024 Effective from: 06/19/2023 to: 06/19/2024 Estimated: 06/23/2024 Underwriting Co: Ohio Security Insurance Company Estimated:
Claim 24204450 Page 1 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
In the following pages, you will find the estimated cost of covered repairs to your property.
This estimate is based on the replacement cost of the damaged property, less your policy deductible and any applicable depreciation. The estimated cost of covered repairs to your property is calculated using current local prices that are usual and customary. Subject to the terms of your policy, the depreciation may be recoverable to you.
Your current mortgage company or loss payees may be listed as a payee on payment(s) for the covered repairs to your property. If so, you will need to contact your mortgage company or that involved party to determine their procedures for processing claims payments.
We encourage you to work with a contractor of your choice in completing the repairs to your property. If you or your contractor has any questions or concerns about this estimate, please contact me at the number shown above. It is important to call us with questions prior to beginning repairs, as any changes in the scope of damages or pricing must be pre-approved.
If you have personal property damages that were included on this estimate, prices are calculated utilizing like kind and quality goods, less any applicable depreciation, policy limits, or other adjustments as outlined in the estimate. For your convenience, we can refer you to vendors who may be able to directly replace some of your lost and/or damaged items.
If you have any questions about this estimate, please do not hesitate to contact us at the numbers provided above.
Thank you for insuring with Liberty Mutual Insurance. We appreciate your business.
THIS ESTIMATE REPRESENTS OUR CURRENT EVALUATION OF THE COVERED DAMAGES TO YOUR INSURED PROPERTY AND MAY BE REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US.
Please refer to your insurance policy for actual policy language and definitions.
Claim 24204450 Page 2 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
CLAIM NO.: 24204450 INSURED: (FOUR STAR HOME REPAIRS LLC)
Date of Loss: 05/10/2024 Address: 103 W Head St Camp Verde AZ 86322 Deductible: Type of Claim: Construction defect nonspecific Home phone: date/time element Business phone: (928) 420-6110 Pricing Database: CoreLogic Data Driven USDC - Mobile phone: June 2024 (Arizona) (Carefree) Email: [email redacted] ADJUSTER CONTACT Contact Name: Robert Mullis Claim Rep: Anthony Jacobs Contact Phone: (928) 420-6110 Phone: (619) 744-6169 Contact Email: [email redacted] Email: [email redacted] Loss address: 93 S Soldier Dr CAMP VERDE AZ 86322
Estimator: David Daniel Phone: (623) 694-9007 Email: [email redacted]
DATES POLICY INFORMATION
Assigned: 06/12/2024 Policy No.: BKS663891041 Contacted: 06/14/2024 Policy Type: Commercial Package Policy Inspected: 06/17/2024 Effective from: 06/19/2023 to: 06/19/2024 Estimated: 06/19/2024 Underwriting Co: Ohio Security Insurance Company Estimated: 06/19/2024
Claim 24204450 Page 1 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
In the following pages, you will find the estimated cost of covered repairs to your property.
This estimate is based on the replacement cost of the damaged property, less your policy deductible and any applicable depreciation. The estimated cost of covered repairs to your property is calculated using current local prices that are usual and customary. Subject to the terms of your policy, the depreciation may be recoverable to you.
Your current mortgage company or loss payees may be listed as a payee on payment(s) for the covered repairs to your property. If so, you will need to contact your mortgage company or that involved party to determine their procedures for processing claims payments.
We encourage you to work with a contractor of your choice in completing the repairs to your property. If you or your contractor has any questions or concerns about this estimate, please contact me at the number shown above. It is important to call us with questions prior to beginning repairs, as any changes in the scope of damages or pricing must be pre-approved.
If you have personal property damages that were included on this estimate, prices are calculated utilizing like kind and quality goods, less any applicable depreciation, policy limits, or other adjustments as outlined in the estimate. For your convenience, we can refer you to vendors who may be able to directly replace some of your lost and/or damaged items.
If you have any questions about this estimate, please do not hesitate to contact us at the numbers provided above.
Thank you for insuring with Liberty Mutual Insurance. We appreciate your business.
THIS ESTIMATE REPRESENTS OUR CURRENT EVALUATION OF THE COVERED DAMAGES TO YOUR INSURED PROPERTY AND MAY BE REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US.
Please refer to your insurance policy for actual policy language and definitions.
Claim 24204450 Page 2 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Floorplan: 28'1" 13'4" 2' 11'5"
6'4"
6'8" Master Closet 2
8' 13'8"
13'8" Master Bedroom 2'4" Bedroom 1 22'4"
7' 8' 13'9" 8'
4'4" 5'4" 6'8" 1'9" 8'
31'6" 2'2" 2'2" Mech Closet Bedroom 1 Closet
3'3" 1'1"3'3" 1'1" 8' 8' 1' 8" 9'1" 7'8"
7'8"
7'8"
Master ClosetHall Bathroom Hallway 1'8" 4'5" 4'1" Hall Closet
8' 8' 5'8" 8' 8' 13'1"
13'4" Kitchen 14'5"
8'
9'1" Living Room 20'8"
9' 21'
12'9"
Debris Dining Room 6" 6"
Removal 0"
5'9" 8'1
" 8'2
7'1" Fireplace 5'9" 8' 8' 8' 23'6" 6"
1'4" 6" AZ Room 21'5" 12'
Family Room
8' 8'
31'5" Claim 24204450 Page 6 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Exterior Plan:
Exterior
Claim 24204450 Page 7 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840 Description Quantity Unit Price Per Total O&P Total Taxes Total Cost
ESTIMATE: Structure Claim #24204450, (FOUR STAR HOME REPAIRS LLC) Completed FLOORPLAN: Floorplan Debris Removal Dumpster Bag 1 $46.18 EA $0.00 $4.63 $50.81 Debris Removal - Subtotal (1 item) $0.00 $4.63 $50.81
Living Room
Length: 13'4" Width: 20'8" Height: 8' Flat Walls: 514.67 SF Walls-subs: 397.34 SF Walls-subs-cas-bsbd: 370.06 SF Doors: 20.00 SF Windows: 32.00 SF Openings: 65.34 SF Missing Walls: 0.00 SF Floor: 256.00 SF Ceiling: 256.00 SF Perim (F): 51.41 LF Perim (C): 64.33 LF
Tear Out - Blinds (PR) Louver 3 $9.31 PR $0.00 $0.00 $27.93 Replace - Blinds (PR) Louver 3 $121.64 PR $0.00 $24.94 $389.86 Rem/Reset - Content Manipulation, Medium Room 1 $72.93 RM $0.00 $7.29 $80.22 Tax override applied - State applied to materials, labor, equipment. Tax override applied - City applied to materials, labor, equipment. Tax override applied - County applied to materials, labor, equipment. Insured Labor Rate 16 $15.48 HR $0.00 $0.00 $247.68 people, 8 hrs. each to clean up dust etc. around the house the insured made while laying the floor. Living Room - Subtotal (4 items) $0.00 $32.23 $745.69
Kitchen
Length: 9'1" Width: 13'1" Height: 8' Flat Walls: 282.01 SF Walls-subs: 282.01 SF Walls-subs-cas-bsbd: 180.76 SF Doors: 0.00 SF Windows: 0.00 SF Openings: 0.00 SF Missing Walls: 72.67 SF Floor: 118.84 SF Ceiling: 118.84 SF Perim (F): 35.24 LF Perim (C): 35.24 LF
Drywall Patch, Up to 1 SF 1 $38.33 EA $0.00 $0.43 $38.76 Spot Prime & Paint, Wall, Up to 32 SF 1 $38.58 EA $0.00 $0.03 $38.61 Kitchen - Subtotal (2 items) $0.00 $0.46 $77.37 Floorplan - Subtotal (7 items) $0.00 $37.32 $873.87
Claim 24204450 Page 8 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
ESTIMATE: Structure Claim #24204450, (FOUR STAR HOME REPAIRS LLC) Completed Total Materials: $308.96 Total Labor: $527.59 Subtotal: $836.55
State 5.600% (applies to materials only, some items overridden): $20.90 City 3.650% (applies to materials only, some items overridden): $13.62 County 0.750% (applies to materials only, some items overridden): $2.80 Estimate Subtotal: $873.87
Total Coverage Liability Property Damage: $873.87 Net Coverage Liability Property Damage: $873.87
Estimate Total: $873.87
Finalization
Claim 24204450 Page 9 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
ESTIMATE SUMMARY
Estimate Name Materials Labor Subtotal Structure $308.96 $527.59 $836.55 Total $308.96 $527.59 $836.55
CLAIM TOTALS
Total taxes: $37.32 Amount payable: $873.87
COVERAGE SUMMARY Replacement Applied Amount Name Cost Deductible Overage Payable Liability Property Damage $873.87 $0.00 $0.00 $873.87 Total $873.87 $0.00 $0.00 $873.87
Claim 24204450 Page 10 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Risk
Risk Address
Claim 24204450 Page 11 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
AZ Room - Overview of family room going into the AZ room. No reducer strip installed and significant difference in the height between the 2 floors.
AZ Room - Overview.
Claim 24204450 Page 12 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
AZ Room - Overview.
AZ Room - Overview if improper installation.
Claim 24204450 Page 13 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
AZ Room - Overview.
AZ Room - No base installed by the GC.
Claim 24204450 Page 14 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
AZ Room - Overview if improper installation.
AZ Room - Overview if improper installation.
Claim 24204450 Page 15 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
AZ Room - Overview if improper installation.
AZ Room - Overview if improper installation.
Claim 24204450 Page 16 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
AZ Room - Overview if improper installation.
AZ Room - Overview if improper installation.
Claim 24204450 Page 17 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
AZ Room - Overview if improper installation and floor not leveled before installation.
AZ Room - Overview if improper installation and floor not leveled before installation.
Claim 24204450 Page 18 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
AZ Room - Overview if improper installation and floor not leveled before installation.
Family Room - Overview.
Claim 24204450 Page 19 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Family Room - Overview.
Family Room - No quarter round installed by the GC.
Claim 24204450 Page 20 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Family Room - No quarter round installed by the GC.
Family Room - No reducer installed at the doorway.
Claim 24204450 Page 21 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Family Room - Overview.
Family Room - Overview if improper installation and floor not leveled before installation.
Claim 24204450 Page 22 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Family Room - Overview if improper installation and floor not leveled before installation.
Family Room - Overview if improper installation and floor not leveled before installation.
Claim 24204450 Page 23 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Family Room - Overview if improper installation and floor not leveled before installation.
Family Room - Overview if improper installation and floor not leveled before installation.
Claim 24204450 Page 24 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Family Room - Overview if improper installation and floor not leveled before installation. Family room into the dining room.
Family Room - Overview if improper installation and floor not leveled before installation. Family room into the dining room.
Claim 24204450 Page 25 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Family Room - Overview if improper installation and floor not leveled before installation. Family room into the dining room.
Family Room - Overview if improper installation and floor not leveled before installation. Family room into the dining room.
Claim 24204450 Page 26 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Improper installation of flooring along with floor not leveled with the family room and kitchen.
Dining Room - Improper installation of flooring along with floor not leveled with the family room and kitchen.
Claim 24204450 Page 27 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Improper installation of flooring along with floor not leveled with the family room and kitchen.
Dining Room - Improper installation of flooring along with floor not leveled with the family room and kitchen.
Claim 24204450 Page 28 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Improper installation of flooring along with floor not leveled with the family room and kitchen.
Dining Room - Significant gap between flooring types and filled with liquid nails that never allowed the reducer stip to seal.
Claim 24204450 Page 29 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Significant gap between flooring types and filled with liquid nails that never allowed the reducer stip to seal.
Dining Room - Significant gap between flooring types and filled with liquid nails that never allowed the reducer stip to seal.
Claim 24204450 Page 30 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Significant gap between flooring types and filled with liquid nails that never allowed the reducer stip to seal.
Dining Room - Gap in the baseboards due to the flooring not being leveled.
Claim 24204450 Page 31 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Flooring not leveled.
Dining Room - Flooring not leveled.
Claim 24204450 Page 32 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Improper installation. Large uneven gap between the flooring types and not level.
Dining Room - Improper installation. Large uneven gap between the flooring types and not level.
Claim 24204450 Page 33 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Improper installation. Large uneven gap between the flooring types and not level.
Dining Room - Improper installation. Large uneven gap between the flooring types and not level.
Claim 24204450 Page 34 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Improper installation. Large uneven gap between the flooring types and not level.
Dining Room - Improper installation. Large uneven gap between the flooring types and not level.
Claim 24204450 Page 35 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Improper installation. Large uneven gap between the flooring types and not level.
Dining Room - Flooring not leveled correctly and baseboards not installed correctly.
Claim 24204450 Page 36 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Flooring not leveled correctly and baseboards not installed correctly.
Dining Room - Flooring not leveled correctly and baseboards not installed correctly.
Claim 24204450 Page 37 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Dining Room - Flooring not leveled correctly and baseboards not installed correctly.
Kitchen - Overview.
Claim 24204450 Page 38 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Kitchen - Overview.
Kitchen - Poor installation choices made by the GC.
Claim 24204450 Page 39 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Kitchen - Poor installation choices made by the GC.
Kitchen - Installed the tile 10" too far into the dining room.
Claim 24204450 Page 40 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Kitchen - Installed the tile 10" too far into the dining room.
Kitchen - GC never masked or protected anything during installation and is an example of how much dust was found in every cabinet in the kitchen and throughout the house.
Claim 24204450 Page 41 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Kitchen - GC never masked or protected anything during installation and is an example of how much dust was found in every cabinet in the kitchen and throughout the house.
Kitchen - GC never masked or protected anything during installation and is an example of how much dust was found in every cabinet in the kitchen and throughout the house.
Claim 24204450 Page 42 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Kitchen - Every cabinet had the same amount of dust.
Living Room - Overview.
Claim 24204450 Page 43 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Living Room - Overview.
Living Room - No quarter round installed.
Claim 24204450 Page 44 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Living Room - No quarter round installed.
Living Room - No quarter round installed.
Claim 24204450 Page 45 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Living Room - Overview.
Living Room - Baseboards not level, indicating the floor was not leveled before installation.
Claim 24204450 Page 46 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Living Room - Baseboards not level, indicating the floor was not leveled before installation.
Living Room - Baseboards not level, indicating the floor was not leveled before installation.
Claim 24204450 Page 47 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Living Room - No reducer strip used.
Living Room - No reducer strip used.
Claim 24204450 Page 48 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Living Room - Damaged the plantation style shutter during installation.
Living Room - Shutter overview.
Claim 24204450 Page 49 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Hallway - No quarter round installed.
Hallway - Gaps between the casing and flooring.
Claim 24204450 Page 50 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Hallway - Gaps between the casing and flooring.
Hallway - No baseboards installed in the hall/coat closet.
Claim 24204450 Page 51 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Hallway - No baseboards installed in the hall/coat closet.
Hallway - No baseboards installed in the hall/coat closet.
Claim 24204450 Page 52 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Hallway - No baseboards installed in the hall/coat closet.
Master Bedroom - Overview of continuous flooring.
Claim 24204450 Page 53 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Master Bedroom - Overview of continuous flooring.
Master Bedroom - Overview of continuous flooring.
Claim 24204450 Page 54 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Master Bedroom - Overview of continuous flooring.
Master Bedroom - Overview of continuous flooring.
Claim 24204450 Page 55 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Master Bedroom - Floors not leveled before installation.
Master Bedroom - Floors not leveled before installation.
Claim 24204450 Page 56 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Master Bedroom - Floors not leveled before installation.
Master Bedroom - Closet doors not reinstalled.
Claim 24204450 Page 57 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Master Bedroom - Incorrect base not replaced.
Master Bedroom - Incorrect base not installed.
Claim 24204450 Page 58 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Master Bedroom - Base not installed correctly.
Master Bedroom - Closet doors not reattached.
Claim 24204450 Page 59 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos:
Master Bedroom - Bedroom flooring significantly lower than the bathroom floor. Potential trip hazard.
100
Master Bedroom - Bedroom flooring significantly lower than the bathroom floor. Potential trip hazard.
Claim 24204450 Page 60 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos: 101
Bedroom 1 - Overview of continuous flooring.
102
Bedroom 1 - Overview of continuous flooring.
Claim 24204450 Page 61 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos: 103
Bedroom 1 - Overview of continuous flooring.
104
Bedroom 1 - Flooring not leveled before installation.
Claim 24204450 Page 62 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos: 105
Bedroom 1 - Flooring not leveled before installation.
106
Bedroom 1 - Flooring not leveled before installation.
Claim 24204450 Page 63 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos: 107
Bedroom 1 - Flooring not leveled before installation.
108
Other - Tile saw was used outside and not cleaned up after.
Claim 24204450 Page 64 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos: 109
Other - Tile saw was used outside and not cleaned up after.
110
Other - Tile saw was used outside and not cleaned up after.
Claim 24204450 Page 65 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos: 111
Other - Tile saw was used outside and not cleaned up after.
112
Other - Dust and debris observed on the window screens detached by the insured after the GC finished.
Claim 24204450 Page 66 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos: 113
Other - Dust and debris observed on the window screens detached by the insured after the GC finished.
114
Other - Dust and debris observed on the window screens detached by the insured after the GC finished.
Claim 24204450 Page 67 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos: 115
Other - Dust and debris observed on the window screens detached by the insured after the GC finished.
116
Other - Dust and debris observed on the window screens detached by the insured after the GC finished.
Claim 24204450 Page 68 of 69 06/26/2024 Liberty Mutual Insurance PO Box 5014 Scranton, PA 18505-5014 Fax: (888) 268-8840
Photos: 117
Other - Pallets left by the GC.
Claim 24204450 Page 69 of 69 06/26/2024 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Steve Bittner Case No. 2024-07696 COMPLAINANT, v. Four Star Home Repairs LLC CITATION License No. ROC 344550,
RESPONDENT.
The Registrar issues this Citation to Four Star Home Repairs LLC (“Respondent”) under
A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 24, 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 July 9, 2024, Steve Bittner (“Complainant”) filed a written complaint with the
Registrar. A copy of that Complaint is attached to this Citation.
A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT
The Registrar investigated this matter and finds cause to charge Respondent with
violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged
with violating:
Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A
contractor shall perform all work in a professional and workmanlike manner.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge 3: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-07696. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:
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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 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]
The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.
If Respondent submits a written answer by mail, it is not filed with the Registrar until the
Registrar actually receives it.
Deadline for Filing a Written Answer: Respondent must file a written answer with the
Registrar no later than October 24, 2024.
This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a
deadline ten days after service of the Citation. Service of the Citation and Complaint is
complete five days after the Registrar mails a copy of the Citation and Complaint to
Respondent’s latest address of record in the Registrar’s office.
Consequences for Failing to File a Written Answer: If Respondent fails to answer,
Respondent’s failure may be deemed an admission of the act or acts charged in the written
complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s
license(s).
THE ADMINISTRATIVE HEARING
If Respondent files a timely written answer contesting any charges in the Complaint,
then the Registrar will request the Office of Administrative Hearings set a date for an
administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S.
§ 41-1092.05(D).
INVESTIGATOR’S APPEARANCE AS A WITNESS
The Registrar’s assigned investigator will appear as a witness at the hearing. If either
party demands the attendance at the hearing of any other person, that party must obtain and
serve a subpoena in compliance with the rules and processes established by the Office of
Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST 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 AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the
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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. Dated October 9, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors
COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 9, 2024 to:
Respondent Certified Mail No: [number redacted]
Four Star Home Repairs LLC 103 W Head St Camp Verde, AZ 86322 Copy mailed by USPS First Class mail this same date to: Four Star Home Repairs LLC 103 W Head St Camp Verde, AZ 86322
Complainant Steve Bittner 93 S Soldier Dr Camp Verde, AZ 86322
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. 2024-07696 / MTH
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
The contract was Both All change orders were Oral This project was Residential This project involved Remodel
A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Poor workmanship was exhibited throughout the entire reflooring project. Allegations Listed on Complaint:
Ceramic tile in sunroom not level, crooked pattern, hollow tiles.
Ceramic tile in kitchen installed 10" too far into the dining room, floor not level, tile not randomly placed.
Floor not leveled before LVP flooring installation throughout.
Non-random plank selection of LVP flooring in dining room.
Significant gaps between flooring types.
Significant difference in height between flooring types, transition strips missing and/or improperly installed.
Quarter round trim missing throughout house.
Sloppy baseboard installation and caulk job, nails not set.
Bedroom flooring significantly lower than bathroom floor --trip hazard. Hall flooring significantly lower than bathroom
Closet doors not re-installed.
No protection or masking of anything during floor demolition; dust everywhere, inside cupboards, pantry, closets, etc.
No cleanup of area where tile saw was used on patio.
pallets and a bag of concrete not removed from front of house.
RCC099 12/05/18 Page 2 of 3 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3