2024A-07766-NPC-ROC Notice of Hearing & Packet MAILED 2024-07766.pdf

2024A-07766-NPC-ROC · Registrar of Contractors · 2024-10-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

B-Line Directional Drilling LLC, Case No. 2024-07766

COMPLAINANT, Docket No. 2024A-07766-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Red Hawk Construction LLC License No. ROC 227792,

RESPONDENT.

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

November 19, 2024 9:00 AM Kay Abramsohn Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on September 16, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(10)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

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

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

1156(B).

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

HEARING PROCEDURES AND RULES

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

HEARING PACKET

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

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

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

DISCLOSURE STATEMENT

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated October 17, 2024.

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

Copy mailed via USPS First Class mail October 17, 2024 to:

Respondent(s) Red Hawk Construction LLC 2032 N 64th St Mesa, AZ 85215

Respondent's Attorney Rex A. Christensen, Esq. 2168 E Williams Field Rd Ste. 200A Gilbert, AZ 85295 Complainant(s) B-Line Directional Drilling LLC 3837 E Miami Ave Phoenix, AZ 85040

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2024-07766 /

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

July 11, 2024

Via U.S. Mail and Email

Complainant B-Line Directional Drilling LLC 3837 E Miami Ave Phoenix, AZ 85040

Via U.S. Mail and Email

Respondent Red Hawk Construction LLC 2032 N 64th St Mesa, AZ 85215

Re: Complaint No. 2024-07766

Dear Complainant and Respondent:

The Registrar received a complaint filed against Red Hawk Construction LLC for non- payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Please provide ALL requested information by July 18, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted by:

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

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

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

Sincerely,

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766

Legal New Mail - AZROC <[email redacted]>

No Pay Notice 2024-07766 Kris Stadeli <[email redacted]> Wed, Jul 24, 2024 at 10:43 AM To: "[email redacted]" <[email redacted]>

We do not require a subcontract, neither did Redhawk Construction, Rob Cullipher owner of Redhawk Construction asked us to quote this project we quoted project and Rob Cullipher asked us to perform the job. The attached quote has the description of the work and the inclusions and exclusions. We started the job on 4/18/23 and completed the job on 4/20/23. I have attached some correspondence to get tcp and permit before we started.

Let us know if you need anything else.

Thank you,

Kris Stadeli

B-LINE Directional Drilling, LLC

3837 E. Miami Ave

Phoenix, AZ 85040

Off. - 602.437.5444

Cell - 602.725.5478

Fax - 602.437.5717

[email redacted]

From: [email redacted] On Behalf Of Legal New Mail - AZROC Sent: Thursday, July 11, 2024 1:00 PM Subject: No Pay Notice 2024-07766

Hello,

Attached please find an electronic courtesy copy of the letter issued in this case. This document was also sent to your attention via US Mail.

Thank you,

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permm… 1/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766

Arizona Registrar of Contractors

Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

---------- Forwarded message ---------- From: Gretchen LaVetter <[email redacted]> To: Kris Stadeli <[email redacted]> Cc: Bcc: Date: Sat, 6 Jan 2024 03:06:51 +0000 Subject: Re: Brown Rd AWC - water main Bore (B-LINE has not been paid) Hi Kris-

Yes, we have paid final to Redhawk.

Gretchen LaVetter Land Development

870.974.2255 www.bcteam.com

On Fri, Jan 5, 2024 at 1:35 PM Kris Stadeli <[email redacted]> wrote:

Gretchen, I am reaching out to see if Redhawk has been paid for the bore we did. We have not been paid as of todays date. Please let me know. Thank you, Kris Stadeli B-LINE Directional Drilling, LLC 3837 E. Miami Ave

Phoenix, AZ 85040

Off. - 602.437.5444

Cell - 602.725.5478

Fax - 602.437.5717 https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permm… 2/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766 [email redacted]

From: Gretchen LaVetter Sent: Wednesday, March 01, 2023 2:51 PM To: Kris Stadeli <[email redacted]> Subject: Re: Brown Rd AWC - water main extension plans

Thank you. I reached back out to Fortiline to adjust the casing to 50'. Also I found the standard encasement spec sheet for AWC (includes notes about spacers and rubber end seals) and attached it here for your reference.

On Wed, Mar 1, 2023 at 2:34 PM Kris Stadeli <[email redacted]> wrote:

Gretchen, This is the quote I received for the 18” steel, I think yours is less. Thank you, Kris Stadeli B-LINE Directional Drilling, LLC 3837 E. Miami Ave

Phoenix, AZ 85040

Off. - 602.437.5444

Cell - 602.725.5478

Fax - 602.437.5717

[email redacted]

From: Gretchen LaVetter Sent: Wednesday, February 22, 2023 8:42 AM To: Kris Stadeli <[email redacted]> Subject: Brown Rd AWC - water main extension plans

Good morning Kris:

It was great to meet you at the PreCon meeting with AWC in Apache Junction yesterday. I have attached the final approved plans for your review. And, as you know, our pipe materials have now changed to CL 235 C-900 per AWC's directive. Let me know if you need anything else!

Gretchen LaVetter

Land Development

(870)974-2255 | [email redacted]

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permm… 3/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766

Gretchen LaVetter

Land Development

(870)974-2255 | [email redacted]

---------- Forwarded message ---------- From: Rob Cullipher <[email redacted]> To: Josh Cullipher <[email redacted]>, Kris Stadeli <[email redacted]>, Thomas Halloran <[email redacted]> Cc: Bcc: Date: Mon, 10 Apr 2023 21:07:52 +0000 Subject: Fwd: Approved TCP - TC202300119 - Brown Rd & 106th Pl

---------- Forwarded message --------- From: Rob Cullipher <[email redacted]> Date: Mon, Apr 10, 2023 at 2:07 PM Subject: Fwd: Approved TCP - TC202300119 - Brown Rd & 106th Pl To: Gretchen LaVetter <[email redacted]>

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permm… 4/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766 ---------- Forwarded message --------- From: Steven Valencia (DOT) <[email redacted]> Date: Mon, Apr 10, 2023 at 2:05 PM Subject: Approved TCP - TC202300119 - Brown Rd & 106th Pl To: David T. Garcia <[email redacted]> CC: Rob Cullipher <[email redacted]>, phxplanning <[email redacted]>, Jonathan Browning (DOT) <[email redacted]>

The attached traffic control plan is approved for the MCDOT right-of-way as noted on the plan sheet

Steven Valencia TRANSPORTATION CONSTRUCTION & MATERIALS

2901 W. Durango St. Phoenix, AZ 85009

Inspector / Traffic Control Specialist

O: 602.506.2901 C: 602.527.6710

MARICOPA.GOV

Facebook | Instagram | Twitter | YouTube

From: David T. Garcia <[email redacted]> Sent: Thursday, April 6, 2023 8:19 AM To: DOT TCPS <[email redacted]> Cc: Rob Cullipher <[email redacted]>; phxplanning <[email redacted]> Subject: SUBMITTAL

See attached request for ROW pending your approval.

For any scheduling please contact My Dispatch Office at 602-243-1218

Or Email [email redacted] or Contact your Project Manager.

Thank you,

_____________________________________________

David Garcia | TCP Planner

RoadSafe Traffic Systems, Inc | 3015 E Illini St | Phoenix, AZ 85040

Phone: 602.243.1218 | Fax: 602.243.3470

[email redacted] --

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permm… 5/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766

P: 480-252-2147

[email redacted]

P: 480-252-2147

[email redacted]

---------- Forwarded message ---------- From: Gretchen LaVetter <[email redacted]> To: Kris Stadeli <[email redacted]> Cc: Rob Cullipher <[email redacted]>, Brad Young <[email redacted]>, Jared Bryan <[email redacted]> Bcc: Date: Fri, 24 Mar 2023 23:30:55 +0000 Subject: TC202300119 - need COI and bond Hi Kris:

I talked to Rob this afternoon. To try to streamline getting the permit, could you please obtain the bond ($10,070) and COI ($2 million)and email them to me? I will fill out an sign the approved application. Once I have your bond and COI I will email all of the items to Elizabeth and Leslie at MCDOT. Hopefully we will be approved for payment at that point. If they need anything else, we’ll figure it out from there.

I have attached examples for reference, but I know you probably already know what is needed.

Also, I know you are in the middle of other jobs right now. Could you please take a look at your schedule and let me know the estimated start date for you to be on our site?

Thank you so much!

Get Outlook for iOS

From: Kris Stadeli <[email redacted]> Sent: Friday, March 24, 2023 9:53:55 AM To: Gretchen LaVetter <[email redacted]> Subject: RE: [WARNING: ATTACHMENT UNSCANNED]3/20/2023 - TC202300119 - Permit payment and questions Rob,

Who is getting the permit?

Kris Stadeli

President

B-LINE Directional Drilling, LLC 3837 E Miami Ave

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permm… 6/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766 Phoenix, AZ 85040

[email redacted]

Mobile 602-725-5478

Office 602-437-5444

From: Gretchen LaVetter <[email redacted]> Sent: Monday, March 20, 2023 12:01 PM To: Kris Stadeli <[email redacted]> Cc: Rob Cullipher <[email redacted]>; Jared Bryan <[email redacted]>; Brad Young <[email redacted]> Subject: Fwd: [WARNING: ATTACHMENT UNSCANNED]3/20/2023 - TC202300119 - Permit payment and questions

Hi Kris:

Our MCDOT permit has been approved for the Brown Rd project. Since you are doing the boring in the ROW, I believe you would be the contractor to pull the permit. Please see the forwarded email with instructions and attachments.

Please let me know you received this email. Also please let me know how soon you will be able to pull the permit and begin work on site. Thank you!

---------- Forwarded message --------- From: Leslie Jacobson (DOT) <[email redacted]> Date: Mon, Mar 20, 2023 at 11:46 AM Subject: [WARNING: ATTACHMENT UNSCANNED]3/20/2023 - TC202300119 - Permit payment and questions To: Gretchen LaVetter <[email redacted]> Cc: Bernice Perez (DOT) <[email redacted]>, Elizabeth Valenzuela (DOT) <Elizabeth.Valenzuela@ maricopa.gov>

Good morning Gretchen,

Please attached application to be completed by contractor performing construction.

Certificate of insurance of contractor performing construction – must be able to sign permit.

Bond - see attached performance bond for your use.

Please forward to Elizabeth cc: above must be approved prior to sending in original.

Once all requirements have been met,

Permit fee can be paid either by credit card via phone or company check at permits counter.

Thank you,

Leslie Jacobson

Development Services Technician

Transportation

Construction and Materials Division

2901 W. Durango Street Phoenix, AZ 85009

O: 602-506-6480 F: 602-506-4009

E: [email redacted]

[ Maricopa.Gov ] Facebook | Instagram | Twitter | YouTube | LinkedIn

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permm… 7/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766

From: Gretchen LaVetter <[email redacted]> Sent: Monday, March 20, 2023 10:27 AM To: Leslie Jacobson (DOT) <[email redacted]> Subject: TC202300119 - Permit payment and questions

Good morning Leslie:

We received notification that the above referenced permit has been approved. We need to make the payment.

Also, please advise on how to proceed with the contractor to pull the permit. What does the contractor need to submit and where/to whom do those docs need to be submitted?

Please contact me as soon as possible - we have this project teed up and and ready to get it started. Thank you!

Gretchen LaVetter

870-974-2255

Begin forwarded message:

From: "Joanne Lumadao (DOT)" <[email redacted]> Date: March 16, 2023 at 11:37:30 AM MST To: "cameron sitesolutionsaz.com" <[email redacted]> Cc: "Elizabeth Valenzuela (DOT)" <[email redacted]>, "Leslie Jacobson (DOT)" <[email redacted]>, "Bernice Perez (DOT)" <[email redacted]> Subject: TC202300119 - MCDOT Review 1 Status - Better Choice Homes Waterline Ext

Good morning,

The above referenced plan review for compliance with MCDOT standards is now complete. The results of this review are:

**APPROVED. BORE UNDER ROADWAY. CLSM BACKFILL REQUIRED.**

Approval is valid for one year from the date of this notice.

THE FOLLOWING FEES ARE DUE PRIOR TO PERMIT ISSUANCE:

PLAN REVIEW: $100.00

PROCESSING: $50.00

PERMITTED ITEMS @ 3% $302.10

FLAT FEE ITEMS $0.00

TOTAL FEE (3% + Review + $50.00 + Flat fee items) $452.10

BOND AMOUNT DUE (100% OF COST EST.): $10,070.00

_______________________________________________________________________________

The Contractor shall secure a permit from this office prior to the start of any construction operations.

An approved set of plans will be held by this office and released to the Contractor at the time of permit issuance.

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permm… 8/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766

Should you have any questions regarding insurance, the bond and permit process, or to make payment, please contact an available permit specialist from the list below: · Bernice Perez, (602) 506-7848

· Leslie Jacobson, (602) 506-6480

· Elizabeth Valenzuela, (602) 506-8791

Due to the number of calls we receive, you may have to leave voice message. Please leave a voice message with your contact information and permit number.

Our permit specialists will get back to you as soon as they are available to do so. Your patience is appreciated.

REMINDER:

Permittees are responsible for ensuring that they have a VALID permit.

EXPIRED permits are NOT valid.

A permit may be extended BEFORE expiration date, at the Inspector’s discretion, when progress is being made.

Permits that are expired will be TERMINATED.

If terminated, a new permit, with new plan approval and all applicable fees will be required to begin again.

Thank you.

Joanne Lumadao TRANSPORTATION 2901 W. Durango Street Phoenix, Arizona 85009 Civil Engineer Associate

O: 602-506-2472 F: 602-506-4009 MARICOPA.GOV

Facebook | Instagram | Twitter | YouTube

Gretchen LaVetter

Land Development

(870)974-2255 | [email redacted]

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permm… 9/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766

Gretchen LaVetter

Land Development

(870)974-2255 | [email redacted]

---------- Forwarded message ---------- From: Gretchen LaVetter <[email redacted]> To: Kris Stadeli <[email redacted]> Cc: Rob Cullipher <[email redacted]>, Jared Bryan <[email redacted]>, Brad Young <[email redacted]> Bcc: Date: Mon, 20 Mar 2023 19:01:08 +0000 Subject: RedHawk MCDOT- TC202300119 - Permit payment and questions Hi Kris:

Please let me know you received this email. Also please let me know how soon you will be able to pull the permit and begin work on site. Thank you!

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 10/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766 ---------- Forwarded message --------- From: Leslie Jacobson (DOT) <[email redacted]> Date: Mon, Mar 20, 2023 at 11:46 AM Subject: [WARNING: ATTACHMENT UNSCANNED]3/20/2023 - TC202300119 - Permit payment and questions To: Gretchen LaVetter <[email redacted]> Cc: Bernice Perez (DOT) <[email redacted]>, Elizabeth Valenzuela (DOT) <Elizabeth.Valenzuela@ maricopa.gov>

Good morning Gretchen,

Please attached application to be completed by contractor performing construction.

Certificate of insurance of contractor performing construction – must be able to sign permit.

Bond - see attached performance bond for your use.

Please forward to Elizabeth cc: above must be approved prior to sending in original.

Once all requirements have been met,

Permit fee can be paid either by credit card via phone or company check at permits counter.

Thank you,

Leslie Jacobson

Development Services Technician

Transportation

Construction and Materials Division

2901 W. Durango Street Phoenix, AZ 85009

O: 602-506-6480 F: 602-506-4009

E: [email redacted]

[ Maricopa.Gov ]

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From: Gretchen LaVetter <[email redacted]> Sent: Monday, March 20, 2023 10:27 AM To: Leslie Jacobson (DOT) <[email redacted]> Subject: TC202300119 - Permit payment and questions

Good morning Leslie:

We received notification that the above referenced permit has been approved. We need to make the payment.

Also, please advise on how to proceed with the contractor to pull the permit. What does the contractor need to submit and where/to whom do those docs need to be submitted?

Please contact me as soon as possible - we have this project teed up and and ready to get it started. Thank you!

Gretchen LaVetter

870-974-2255

Begin forwarded message:

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 11/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766 From: "Joanne Lumadao (DOT)" <[email redacted]> Date: March 16, 2023 at 11:37:30 AM MST To: "cameron sitesolutionsaz.com" <[email redacted]> Cc: "Elizabeth Valenzuela (DOT)" <[email redacted]>, "Leslie Jacobson (DOT)" <[email redacted]>, "Bernice Perez (DOT)" <[email redacted]> Subject: TC202300119 - MCDOT Review 1 Status - Better Choice Homes Waterline Ext

Good morning,

The above referenced plan review for compliance with MCDOT standards is now complete. The results of this review are:

**APPROVED. BORE UNDER ROADWAY. CLSM BACKFILL REQUIRED.**

Approval is valid for one year from the date of this notice.

THE FOLLOWING FEES ARE DUE PRIOR TO PERMIT ISSUANCE:

PLAN REVIEW: $100.00

PROCESSING: $50.00

PERMITTED ITEMS @ 3% $302.10

FLAT FEE ITEMS $0.00

TOTAL FEE (3% + Review + $50.00 + Flat fee items) $452.10

BOND AMOUNT DUE (100% OF COST EST.): $10,070.00

_______________________________________________________________________________

The Contractor shall secure a permit from this office prior to the start of any construction operations.

An approved set of plans will be held by this office and released to the Contractor at the time of permit issuance.

Should you have any questions regarding insurance, the bond and permit process, or to make payment, please contact an available permit specialist from the list below: · Bernice Perez, (602) 506-7848

· Leslie Jacobson, (602) 506-6480

· Elizabeth Valenzuela, (602) 506-8791

Due to the number of calls we receive, you may have to leave voice message. Please leave a voice message with your contact information and permit number.

Our permit specialists will get back to you as soon as they are available to do so. Your patience is appreciated.

REMINDER:

Permittees are responsible for ensuring that they have a VALID permit.

EXPIRED permits are NOT valid.

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 12/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766 A permit may be extended BEFORE expiration date, at the Inspector’s discretion, when progress is being made.

Permits that are expired will be TERMINATED.

If terminated, a new permit, with new plan approval and all applicable fees will be required to begin again.

Thank you.

Joanne Lumadao TRANSPORTATION 2901 W. Durango Street Phoenix, Arizona 85009 Civil Engineer Associate

O: 602-506-2472 F: 602-506-4009 MARICOPA.GOV

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Gretchen LaVetter

Land Development

(870)974-2255 | [email redacted]

-- Gretchen LaVetter Land Development

(870)974-2255 | [email redacted]

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 13/14 7/24/24, 11:06 AM State of Arizona Mail - No Pay Notice 2024-07766

...

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attachments 20240711 Notice of Incomplete No-Pay Complaint MAILED 2024-07766.pdf 3246K Red Hawk Construction, R-1 Better Choice Homes - Water Line - E Brown Rd & N 106th St, Mesa, AZ.pdf 103K Re: Brown Rd AWC - water main Bore (B-LINE has not been paid).eml 47K 04-10-23_TC202300119_SV.pdf 905K Fwd: Approved TCP - TC202300119 - Brown Rd & 106th Pl.eml 1299K Insurance Template.pdf 354K TC202300119 - Applicaiton.pdf 461K PERFORMANCE BOND.doc 46K TC202300119 - need COI and bond.eml 1259K PERFORMANCE BOND.doc 46K TC202300119 - Applicaiton.pdf 461K Insurance Template.pdf 354K RedHawk MCDOT- TC202300119 - Permit payment and questions.eml 1251K APPROVED WATER PLANS 2134 BETTER CHOICE HOMES (1).PDF 21225K Water Line job in Mesa.eml 29056K

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 14/14 August 9, 2024

Via U.S. Mail and Email

Complainant B-Line Directional Drilling LLC 3837 E Miami Ave Phoenix, AZ 85040

Via U.S. Mail and Email

Respondent Red Hawk Construction LLC 2032 N 64th St Mesa, AZ 85215

Re: Complaint No. 2024-07766

Dear Complainant and Respondent:

The Registrar received a complaint filed against Red Hawk Construction LLC for non-payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by August 16, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by:

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

The Registrar will not issue a citation before August 16, 2024 and will review Respondent’s response, if one is submitted.

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

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

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 LEGAL RECEIVED 08/13/2024

Madelyn Hayes,

Red Hawk Construction has been a family run business in the State of Arizona for over 2 decades and has never had such a complaint or any complaint for that matter ﬁled with the ROC or any governing agency.

The owner of Red Hawk (Robin Cullipher) had been diagnosed with stage 4 cancer and in the spring of 2023 right around the time of this incident. Rob was fully engaged in the business and its dealings for almost a year until late February 2024. Rob made an o er to pay a portion of the invoiced amount despite the inadequacies that have been stated in these documents. That o er was rejected, and our legal counsel was consulted. It wasn’t until several days after his passing that a collection agency was assigned to attempt to strong arm or force Red Hawk into paying for inadequate services rendered.

Kris has no record of what happened on site or any corroborating documentation other than an unsigned work order, invoice, and photos of the project post completion and of tools in his yard that he did not use on this project. They also conveniently left out all the correspondence and photos that contradict their claim. All Red Hawk photo documentation is time stamped, dated and geo tagged should there be any dispute as to location or validity.

We do not believe that this is appropriate. We request that this complaint is dismissed on the grounds that the contractor B-Line Construction did not perform the work as required and did not provide adequate equipment at the time of service, however, claim that they had the equipment to perform the work correctly nearly 18 months later. Kris with B-line acknowledged and conﬁrms that they did not meet the requirements of the project in the ﬁrst paragraph of the email sent 7/25/2024.

Sincerely, Josh Cullipher

LEGAL RECEIVED 08/13/2024

From: Kris Stadeli Sent: Tuesday, June 25, 2024 1:34 PM To: Doug Standage; sharon corpcollection.com Cc: Josh Cullipher; Sara Cullipher Subject: RE: Invoice Response

Doug,

We performed the boring as we quoted and as we had discussed with Rob Cullipher. We were to bore and ream the bore hole and Redhawk would dig a trench long enough for the welded pipe to lay in so it could be pushed into the bore hole. Yes, the bore did come out 24” lower than Rob wanted but this was due to conflicting AT & T major backbone fiber line being in our way and bore was started deeper than anticipated. The ground conditions were also a factor as it was caliche, and our rock drill was required, and the steering is minimal.

Rob did call me when completed and said the bore hole was 24” lower than he wanted. I came out to the site and reviewed and told Rob we could not rebore as if we tried to go higher it would just fall back into the old bore hole. I said the other option is to ream the hole to 48” and that would allow us to move the pipe up, but MCDOT would not like having that much extra bore space under road. I suggested that Rob contact water department and allow them to angle pipe up to existing water line. This is done all the time when trenching and the pipe needs to go up or down over existing utilities. Rob said he would and keep me updated if anything needed changing.

I had assumed all went well and Redhawk had finished the job as Rob did not contact us again about this. I just happened to call Dan Garrett (friend of Rob and does contracting work) about a UTV I had purchased from him, and Dan said guess where I’m at, on your bore job for Redhawk. I was very upset to hear this and immediately drove to the job site. I observed another bore company Boss II attempting to reopen our old bore hole with tires strapped to a small reamer which would never work. Dan said they did not own any bigger reamers. They also were using the wrong mud mix which was basically straight water which will never carry out bore cuttings. I stayed around for a little while and left upset as we always finish our jobs, we would have gladly come back out and rereamed the bore hole which would have only taken a couple of hours.

The reason the bore hole needed to be rereamed is they waited almost 2 weeks to install the steel casing. The casing needs to be installed the very next day or the bore hole will dry out and the pipe could never be installed, 2 weeks and the bore is almost completely dried out. Doug, you mentioned you could not see thru the bore hole, and yes you should never be able to see thru the bore hole as it is full of liquified ground. How the bore process is done, the hole is reamed with the proper mud mixture and cuttings are suspended in the mud mixture like a thick milk shake. When the casing is installed, the casing displaces

LEGAL RECEIVED 08/13/2024

the liquid dirt out the ends of the bore hole and the mud surrounds the casing leaving no voids under the roadway after the mud dries.

Redhawk would not have encountered any extra cost if they would have just called us back, we would have rereamed the bore hole. We would have reamed it correctly and the pipe would have gone in easily. Boss II did not make a new bore hole (see attached photo) the casing was installed in the same bore hole we bored, and the water line was angled up to existing water as I had suggested to Rob. We own several large reamers (see attached)

We also never charged any extra for the changed scope of work (see attached quote). We quoted 40ft of boring and we bored 80’, we quoted dirt conditions, and it was caliche and required our rock drill to complete. I even reduced the quote from $9500 to $7500 just to be nice to Rob as I contributed the lapse of judgement on his recent finding of terminal cancer and figured his mind was preoccupied with more important things.

We did get a call from a lady that asked us to take $5000 for full payment and I said no as we had already reduced amount and never charged for the change orders.

We are confident that we are owed this money and will be happy to pursue this further.

Sincerely,

Kris Stadeli

B-LINE Directional Drilling, LLC 3837 E. Miami Ave Phoenix, AZ 85040

Off. - 602.437.5444 Cell - 602.725.5478 Fax - 602.437.5717 [email redacted]

Sent: Thursday, June 06, 2024 7:27 AM To: Kris Stadeli <[email redacted]>; sharon corpcollection.com <[email redacted]> Cc: Josh Cullipher <[email redacted]>; Sara Cullipher <[email redacted]> Subject: Re: Invoice Response

Kris, It was conveyed to B-line that Red Hawk would pay a portion and that offer was refused. The result of that refusal was Rob was clear that Red Hawk would not be paying this invoice. Red hawk and our legal team are confident in our position and have all supporting documentation. You are not entitled to payment for just for digging a hole, it has to be done correctly and it clearly was not.

LEGAL RECEIVED 08/13/2024

Regards, Douglas R Standage Estimator / Project Manager P. (480) 709-4115 E. [email redacted]

From: Kris Stadeli <[email redacted]> Sent: Thursday, June 6, 2024 6:33:02 AM To: sharon corpcollection.com <[email redacted]>; Doug Standage <[email redacted]> Cc: Josh Cullipher <[email redacted]>; Sara Cullipher <[email redacted]> Subject: RE: Invoice Response

Doug,

This is not correct at all I am out on vacation until next Tuesday and will send a proper response with documentation. Also why was there no communication about this prior to sending to collections we had zero response to our repeated calls and emails.

Kris Stadeli President B-LINE Directional Drilling, LLC 3837 E Miami Ave Phoenix, AZ 85040 [email redacted] Mobile 602-725-5478 Office 602-437-5444

From: sharon corpcollection.com <[email redacted]> Sent: Thursday, June 6, 2024 6:20 AM To: Doug Standage <[email redacted]>; Kris Stadeli <[email redacted]> Cc: Josh Cullipher <[email redacted]>; Sara Cullipher <[email redacted]> Subject: RE: Invoice Response

Good morning,

I have read your explanation. I will put on hold pending a response from B-line.

Sharon English

Corporate Collections International PO Box # 2882 Scottsdale, AZ 85252

Ph: 480-345-2500 X 201 Fx: 480-345-9931

LEGAL RECEIVED 08/13/2024

[email redacted] physical address 6908 E Thomas Rd #210 Scottsdale, AZ 85251

This is an attempt to collect a debt, all information obtained will be used for that purpose.

From: Doug Standage <[email redacted]> Sent: Wednesday, June 05, 2024 6:51 PM To: sharon corpcollection.com <[email redacted]>; [email redacted] Cc: Josh Cullipher <[email redacted]>; Sara Cullipher <[email redacted]> Subject: Invoice Response

Chris Stadeli, There is no legitimate reason for us to pay this Invoice. The work performed by B-Line did not meet the project specifications. The poor execution of the initial work, which we pointed out to your on-site personnel, was met with a refusal to take any corrective action and abandonment of the project on the part of B-Line, causing additional cost and warranty issues for Redhawk construction. B-line was notified of the failure to produce a satisfactory boring shaft both in form and location that would accommodate the specified sleeve at the proper plan elevation. B-line refused to correct the issue and abandoned the project. Even with these issues, Red Hawk offered to pay half of the amount B-Line invoiced as a good partnering gesture, was this was again met with a refusal to acknowledge any problem with B-Line’s work and opposition to any sort of compromise. Red Hawk’s offer to pay half the invoiced amount is withdrawn.

Please keep in mind that if you continue on your current path of attempting to collect the full invoiced amount even though B-Line’s work did not conform to the project specifications and had to be performed by a replacement contractor, Redhawk intends to enforce its rights to back charge for the following, incurred costs as the result of B-lines failure, including but not limited to: 1. All labor and equipment and overhead costs for re-drilling the existing hole to accept the required size pipe 2. All equipment, labor, parts and overhead associated with a vertical waterline realignment caused by the failure to install the directional bore at the proper elevation (Other contractors were unable to drill at the proper depth due to the location of the bore done by B-line, and the likelihood of collapse and catastrophic failure) 3. Additional Traffic control and associated safety costs in MCDOT ROW 4. Damage caused to Redhawk equipment while installing 80lf ½” steel sleeve on a radius

Below is a timeline of events, along a link to view our time, date and location stamped photos that document the work performed and the aforementioned deficiencies in B-Line’s work.

4/18 – Travis Wasden with B-line began drilling on site.

LEGAL RECEIVED 08/13/2024

4/19 – Bore was punched thru. Photo taken of B-line employee in the hole with the bore head and confirming that the alignment was 24” low. 4/20 – B-line de-mobed. Photos were taken of finished product (No daylight was observed on the end due to curved radius of the bore) and the location/elevation deficiency of approximately 24”. 4/20 – B-line was contacted via phone call by Rob Cullipher (Owner of Redhawk) requesting that corrective action was taken to rectify the inadequacies. Rob was told that no additional effort was going to be made by B-line construction. 4/21 – 4/28 – Redhawk solicited other contractors to re-bore and correct the issues 5/1 – Third party contractor was hired to attempt to correct the issues. (Chris the owner of B-line) visited the site to observe third party contractor. 5/3 Sleeve was installed (Damage to CAT320 Excavator bucket due to curved bore) 5/4 Waterline was installed. 5/24 Vertical realignment (After approval from AZ water and ADEQ)

B-Line Drilling Share File

We have consulted with our attorney, and we are confident we owe nothing to B-Line for its deficient work which we were required to correct through a replacement contractor. If you continue to escalate this, then you will leave us with no option but to defend our position and hold B-Line liable for the deficiencies in its work and the additional costs we incurred as a result of it.

Regards, Douglas Standage

Thank you! We're a small business powered by referrals. If you know anyone who might benefit from our services, please share our information. We appreciate your support!

LEGAL RECEIVED 08/13/2024

8/14/24, 1:45 PM State of Arizona Mail - Complaint No. 2024-0776 - Respondent LEGAL affirmative defense 08/13/2024 RECEIVED

Legal New Mail - AZROC <[email redacted]>

Complaint No. 2024-0776 - Respondent affirmative defense message

Doug Standage <[email redacted]> Tue, Aug 13, 2024 at 4:05 PM To: Legal New Mail - AZROC <[email redacted]> Cc: Josh Cullipher <[email redacted]>, Sara Cullipher <[email redacted]>

Complaint No. 2024-0776

Attn: Madelyn Hays

Respondent:

Red Hawk Construction LLC

2032 N 64th St.

Mesa, AZ 85215

Madelyn,

Please see the affirmative defense, (attached) statement, correspondence, documentation and photos with B-line and its representatives outlining our position and version of events regarding this issue. We will also have a physical copy of the attached delivered in-person to the Washington St. location. We will be happy to assist, answer questions, provide additional photos or further documentation as necessary.

Sincerely, Douglas Standage

Thank you! We're a small business powered by referrals. If you know anyone who might benefit from our services, please share our information. We appreciate your support!

https://mail.google.com/mail/b/AEoRXRSnSX_uWGid5hj511k4YpOnmrqr76Ju4Ah9DYIYBamvgBAi/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 1/2 8/14/24, 1:45 PM State of Arizona Mail - Complaint No. 2024-0776 - Respondent LEGAL affirmative defense 08/13/2024 RECEIVED

RH position No. 2024-0776 ROC Complaint.pdf 31930K

https://mail.google.com/mail/b/AEoRXRSnSX_uWGid5hj511k4YpOnmrqr76Ju4Ah9DYIYBamvgBAi/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-07766 B-Line Directional Drilling LLC,

COMPLAINANT, v. CITATION Red Hawk Construction LLC License No. ROC 227792,

RESPONDENT.

The Registrar issues this Citation to Red Hawk Construction LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 1, 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 8, 2024, B-Line Directional Drilling LLC (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

Charge :1 A.R.S. § 32-1154(A)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-07766. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than October 1, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated September 16, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors

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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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 16, 2024 to:

Respondent Certified Mail No: [number redacted]

Red Hawk Construction LLC 2032 N 64th St Mesa, AZ 85215-2809 Copy mailed by USPS First Class mail this same date to: Red Hawk Construction LLC 2032 N 64th St Mesa, AZ 85215-2809

Complainant B-Line Directional Drilling LLC 3837 E Miami Ave Phoenix, AZ 85040

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. 2024-07766 / 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 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 Received by Investigations 07/08/2024 2024-07766 August 9, 2024

Via U.S. Mail and Email

Complainant B-Line Directional Drilling LLC 3837 E Miami Ave Phoenix, AZ 85040

Via U.S. Mail and Email

Respondent Red Hawk Construction LLC 2032 N 64th St Mesa, AZ 85215

Re: Complaint No. 2024-07766

Dear Complainant and Respondent:

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

The Registrar will not issue a citation before August 16, 2024 and will review Respondent’s response, if one is submitted.

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

/s/Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

Legal New Mail - AZROC <[email redacted]>

Complaint 2024-07766 message

Legal New Mail - AZROC <[email redacted]> Fri, Sep 27, 2024 at 9:39 AM To: [email redacted]

Hello,

I wanted to follow up our phone call by emailing you the No Pay Citation that was issued via mail and email on September 16, 2024 for your records. If there is anything else please let us know.

Thank you.

Arizona Registrar of Contractors Legal Department

1700 W. Washington St., Suite 105 Phoenix, AZ 85007

602-542-1525 Legal press 4 Recovery Fund press 3 https://roc.az.gov

20240916 No Pay Citation MAILED 2024-07766.pdf 3394K

https://mail.google.com/mail/b/AEoRXRS-JG7grg-0xCYv4A5bbV6bRNZ9LGSqHHj-nqkNDdSKaDl7/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 1/1 Received Legal 10/01/2024

Rex A. Christensen (AZ Bar No. 019027) CHRISTENSEN LAW FIRM 2168 East Williams Field Road, Suite 200A Gilbert, Arizona 85295 Telephone: (480) 792-66551 Fax: (480) 378-6403 [email redacted] Attorney for Respondent REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA B-Line Directional Drilling LLC Case No. 2024-07766 COMPLAINANT, vs. WRITTEN ANSWER TO CITATION Red Hawk Construction LLC AND COMPLAINT License No. ROC 227792, RESPONDENT. Respondent Red Hawk Construction LLC, hereby submits the following as its Written Answer to the Citation issued by the Registrar on September 16, 2024. 1. Factual Background In 2023, Complainant was hired by Respondent Red Hawk Construction, LLC (“Red Hawk”) to drill a horizontal boring shaft for the placement of a water line on the Better Choice Homes project in Mesa. Complainant did drill a hole, but the hole drilled by Complainant was 24 inches lower than required and did not meet the project specifications. One of Red Hawk’s other subcontractor’s, Badger Daylighting Corp., had exposed the utility lines before Respondent began its work. Respondent observed the exposed utilities and raised no concerns about any of them. Complainant later claimed that the location of one of those utility lines was the reason it had to deviate from the project specifications, but Complainant did not inform Red Hawk of its concerns nor did Received Legal 10/01/2024

it consult with Red Hawk about how its work would deviate from the contract requirements beforehand. When Red Hawk became aware of it after the fact, it notified Complainant that the work needed to be corrected. Complainant refused to take any corrective action. Red Hawk was required to hire a new boring contractor (Boss Drilling), who performed the work as specified. In an e-mail from Kris Stadeli (Complainant’s Qualifying Party) dated June 25, 2024, Mr. Stadeli admitted that the boring shaft was 24 inches lower than it should have been, and that Rob Cullipher of Red Hawk notified him of the problem. A copy of this e- mail is attached hereto as Exhibit A. 2. Response to Alleged Violations of Statutory Provisions Charge 1 of the Citation states, in relevant part: Charge 1: A.R.S. § 32-1154(A)(10) – Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee’s operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. (Emphasis Added). This statute is not violated simply because a licensed contractor fails to pay an invoice. Instead, a violation occurs only if a licensee fails to pay money that is actually due. In this case, Red Hawk did not violate this statute because the unpaid money which is the subject of the Complaint never became due, because Complainant did not perform the work properly, failed to take corrective action when given the opportunity to do so, and caused Red Hawk to incur additional costs to correct and perform the work that was Received Legal 10/01/2024 Received Legal 10/01/2024

EXHIBIT A Received Legal 10/01/2024

From: Kris Stadeli Sent: Tuesday, June 25, 2024 1:34 PM To: Doug Standage; sharon corpcollection.com Cc: Josh Cullipher; Sara Cullipher Subject: RE: Invoice Response

Doug,

Received Legal 10/01/2024

the liquid dirt out the ends of the bore hole and the mud surrounds the casing leaving no voids under the roadway after the mud dries.

We did get a call from a lady that asked us to take $5000 for full payment and I said no as we had already reduced amount and never charged for the change orders.

We are confident that we are owed this money and will be happy to pursue this further.

Sincerely,

Kris Stadeli

B-LINE Directional Drilling, LLC 3837 E. Miami Ave Phoenix, AZ 85040

Off. - 602.437.5444 Cell - 602.725.5478 Fax - 602.437.5717 [email redacted]

Received Legal 10/01/2024

Regards, Douglas R Standage Estimator / Project Manager P. (480) 709-4115 E. [email redacted]

Doug,

Kris Stadeli President B-LINE Directional Drilling, LLC 3837 E Miami Ave Phoenix, AZ 85040 [email redacted] Mobile 602-725-5478 Office 602-437-5444

Good morning,

I have read your explanation. I will put on hold pending a response from B-line.

Sharon English

Corporate Collections International PO Box # 2882 Scottsdale, AZ 85252

Ph: 480-345-2500 X 201 Fx: 480-345-9931

Received Legal 10/01/2024

[email redacted] physical address 6908 E Thomas Rd #210 Scottsdale, AZ 85251

This is an attempt to collect a debt, all information obtained will be used for that purpose.

Below is a timeline of events, along a link to view our time, date and location stamped photos that document the work performed and the aforementioned deficiencies in B-Line’s work.

4/18 – Travis Wasden with B-line began drilling on site.

Received Legal 10/01/2024

B-Line Drilling Share File

Regards, Douglas Standage

Thank you! We're a small business powered by referrals. If you know anyone who might benefit from our services, please share our information. We appreciate your support!

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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