2024A-08250-NPC-ROC Notice of Hearing & Packet MAILED 2024-08250.pdf

2024A-08250-NPC-ROC · Registrar of Contractors · 2024-11-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Infinite Energies LLC, Case No. 2024-08250

COMPLAINANT, Docket No. 2024A-08250-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor License No. ROC 322410,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 17, 2024 1:00 PM Nicole Robinson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on September 4, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

1156(B).

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

HEARING PROCEDURES AND RULES

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

HEARING PACKET

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

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

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

DISCLOSURE STATEMENT

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated November 5, 2024.

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

Copy mailed via USPS First Class mail November 5, 2024 to:

Respondent(s) Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Rd #10 Chandler, AZ 85286 Respondent's Attorney Samuel Wang, Esq. 3100 W Ray Rd Ste., 201 Chandler, AZ 85226 Complainant(s) Infinite Energies LLC 3250 W Greenway Rd Unit 122 Phoenix, AZ 85053

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. 2024-08250 /

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

7/24/24, 9:35 AM State of Arizona Mail - Complaint No. 2024-08250

Legal New Mail - AZROC <[email redacted]>

Complaint No. 2024-08250 messages

Samuel Wang <[email redacted]> Tue, Jul 23, 2024 at 4:39 PM To: [email redacted]

I am receipt of a non-payment complaint against my client Kitchen and Bath Remodeling. I’d like to speak to someone about this complaint. The facts exist that Kitchen and Bath never contracted with Whitworth Electric and Whitworth hasn’t been licensed to perform electrical work since 2005.

I’d like to ask that this complaint be dismissed as the complainant’s own evidence shows that no contract was ever signed with Whitworth Electric and even if there was a contract with Whitworth they were not licensed to perform the work.

Thanks,

Samuel Wang, Esq. Attorney at Law LAW OFFICES OF SAMUEL WANG, PLLC 3100 W Ray Rd. Suite 201 Chandler, AZ 85226 Telephone: (602) 492-7766 [email redacted] samuelwanglaw.com

NOTICE: The information contained in this electronic mail transmission is intended by Law Offices of Samuel Wang, PLLC for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling Law Offices of Samuel Wang, PLLC at 1- 602-492-7766, so that our address record can be corrected. NOTICE: THIS COMPANY IS A DEBT COLLECTOR, ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This notice is required by the provisions of the Fair Debt Collection Practices Act and do not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.

Legal New Mail - AZROC <[email redacted]> Wed, Jul 24, 2024 at 9:35 AM To: Samuel Wang <[email redacted]>

Good morning. Our office is in the process of reviewing this matter. We believe the wrong Complainant name was used. If you would like to speak to someone, you can call our office at 602-542-1525.

Thank you,

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!

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 1/2 7/24/24, 9:35 AM State of Arizona Mail - Complaint No. 2024-08250 [Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRTb5jZe6Aqp5ftbpUrVpcMq0bcCHYhcmlTHPpEaxXnWI3xx/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 2/2 July 23, 2024

Via U.S. Mail and Email

Complainant Whitworth Electric LLC 1426 W Crescent Ave Mesa, AZ 85202

Via U.S. Mail and Email

Respondent Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Ste 10 Chandler, AZ 85286

Re: Complaint No. 2024-08250

Dear Complainant and Respondent:

The Registrar received a complaint filed against Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 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 July 30, 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 July 30, 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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Alan Whitworth Street Address City State Zip Code 4848 N 181st Ave goodyear Arizona 85395 Phone Number Email Address (480) 506-6986 [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Kitchen and Bath Remodeling LLC ROC 322410 Street Address City State Zip Code 1710 E Germann Ave Ste 10 Chandler AZ 85286 Phone Number Email Address

Name of Person(s) Representing License Mike Petrucelli;Nick Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $14,750.00 April 9, 2024 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 14,750 owed for change orders requests for prewiring a long list of items; 22,416.26 still owed on payments in contract.

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Alan Whitworth Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date Alan Whitworth 82nd Build Proposal Loca1on: 10809 N 82nd Place Sco:sdale Az. Project Number #1 Date of bid drawings (11/02/2021) Proposal issue date (11/21/2023) valid for 30 days Proposal Issued by Inﬁnite Energies LLC inﬁniteenergieselectric.com Proposed to Kitchen and Bath Remodelers Proposal Created by Alan Whitworth (480)506-6986 Items Included in this proposal: -All electrical included on plan drawings. Installa5on of all decora receptacles and switches. Installa5on of all light ﬁxtures and ceiling fans (provided by others) added cost to balance fans not provided by Inﬁnite Energies LLC. -All general use areas required to be arc fault protected with tamper resistant devices will be 15amp circuits. -Any future changes to drawings or items that are not shown on drawings are not included in this proposal and subject to addi5onal cost. drops that include one cat jack and one RG6 jack routed to loca5on at main electrical panel. -we can provide any low voltage wiring and systems, alarm, automa5on, surveillance, audio/video, at addi5onal cost. -change order rate per man hour to be as follows: $35 per hour on work done with just framing in place, $60 per hour aQer insula5on has been installed, $80 per hour aQer sheet rock has been installed. - Rough wiring 20 day’s 5me begins aQer all walls are completed, drops and arches can be done last which gets us in at an earlier date to help accelerate schedule. Trim out 10 day’s 5me begins aQer interior of building is fully drywalled, painted and all cabinets have been installed. If exterior is not painted during this 5me frame ﬁxtures will be installed and masked by others. -once material has been installed at its ﬁnal loca5on general contractor will assume liability for any theQ or damage. Items Excluded in this Proposal: Saw cuWng, Concrete work, Grid wires, Patchwork, Over5me, Night shiQs, Weekend hours, Fire alarm systems, APS/SRP u5lity work, Temporary ligh5ng, or power, Permits or Taxes. Addi1onal Terms: Labor and materials to be provided for the engineered electrical drawings dated above. This bid is created with the standards of AIA 401-1997 subcontract form, and on the exclusion of any requirement to name addi5onal insured or to wave subroga5on of claims covered by workers' compensa5on or commercial general liability insurance, or subcontract form or other contract form acceptable to Inﬁnite Energies LLC.If during the performance of this contract, the price of copper & steel signiﬁcantly increases, through no fault of contractor, the price of copper and under this agreement shall be equitably adjusted by an amount reasonably necessary to cover such signiﬁcant price increase. As used herein, a signiﬁcant price increase shall mean any increase in price exceeding two percent (2%) experienced by contractor from the date of this proposal. Such price increases shall be documented through quotes, invoices, or receipts. Where the delivery of copper and or steel under this agreement is delayed, through no fault of contractor, because of the shortage or unavoidable circumstances aﬀec5ng price of copper, steel, PVC or any other commodi5es associated with this project. Contractor shall not be liable for any addi5onal costs or damages associated with such delay. Any adds or changes during construc5on are subject to payment within 72 hours of comple5on. Cost of original Proposal dated 09/07/2023 $53,040.89 Six 880MP ﬂoor box loca1ons with brushed aluminum or equal trim $3,000.00 New total $56,040.00 Draw schedule as follows: Before underground mobiliza1on 5% draw $2,802.04 Before star1ng work on rough installa1on 55% draw $29,172.48 Upon comple1on of trim 30% draw $16,812.26 Upon passing electrical inspec1on 10% draw $5,604.08

General Contractor Authorized 12/07/2023 Signature____________________________________Date:_________________________

Inﬁnite Energies Authorized 11/23/2023 Signature____________________________________Date:_________________________ 82nd Build Proposal Loca1on: 10809 N 82nd Place Sco:sdale Az. Project Number #1 Date of bid drawings (11/02/2021) Proposal issue date (11/21/2023) valid for 30 days Proposal Issued by Inﬁnite Energies LLC inﬁniteenergieselectric.com Proposed to Kitchen and Bath Remodelers Proposal Created by Alan Whitworth (480)506-6986 Items Included in this proposal: -All electrical included on plan drawings. Installa5on of all decora receptacles and switches. Installa5on of all light ﬁxtures and ceiling fans (provided by others) added cost to balance fans not provided by Inﬁnite Energies LLC. -All general use areas required to be arc fault protected with tamper resistant devices will be 15amp circuits. -Any future changes to drawings or items that are not shown on drawings are not included in this proposal and subject to addi5onal cost. drops that include one cat jack and one RG6 jack routed to loca5on at main electrical panel. -we can provide any low voltage wiring and systems, alarm, automa5on, surveillance, audio/video, at addi5onal cost. -change order rate per man hour to be as follows: $35 per hour on work done with just framing in place, $60 per hour aQer insula5on has been installed, $80 per hour aQer sheet rock has been installed. - Rough wiring 20 day’s 5me begins aQer all walls are completed, drops and arches can be done last which gets us in at an earlier date to help accelerate schedule. Trim out 10 day’s 5me begins aQer interior of building is fully drywalled, painted and all cabinets have been installed. If exterior is not painted during this 5me frame ﬁxtures will be installed and masked by others. -once material has been installed at its ﬁnal loca5on general contractor will assume liability for any theQ or damage. Items Excluded in this Proposal: Saw cuWng, Concrete work, Grid wires, Patchwork, Over5me, Night shiQs, Weekend hours, Fire alarm systems, APS/SRP u5lity work, Temporary ligh5ng, or power, Permits or Taxes. Addi1onal Terms: Labor and materials to be provided for the engineered electrical drawings dated above. This bid is created with the standards of AIA 401-1997 subcontract form, and on the exclusion of any requirement to name addi5onal insured or to wave subroga5on of claims covered by workers' compensa5on or commercial general liability insurance, or subcontract form or other contract form acceptable to Inﬁnite Energies LLC.If during the performance of this contract, the price of copper & steel signiﬁcantly increases, through no fault of contractor, the price of copper and under this agreement shall be equitably adjusted by an amount reasonably necessary to cover such signiﬁcant price increase. As used herein, a signiﬁcant price increase shall mean any increase in price exceeding two percent (2%) experienced by contractor from the date of this proposal. Such price increases shall be documented through quotes, invoices, or receipts. Where the delivery of copper and or steel under this agreement is delayed, through no fault of contractor, because of the shortage or unavoidable circumstances aﬀec5ng price of copper, steel, PVC or any other commodi5es associated with this project. Contractor shall not be liable for any addi5onal costs or damages associated with such delay. Any adds or changes during construc5on are subject to payment within 72 hours of comple5on. Cost of original Proposal dated 09/07/2023 $53,040.89 Six 880MP ﬂoor box loca1ons with brushed aluminum or equal trim $3,000.00 New total $56,040.00 Draw schedule as follows: Before underground mobiliza1on 5% draw $2,802.04 Before star1ng work on rough installa1on 55% draw $29,172.48 Upon comple1on of trim 30% draw $16,812.26 Upon passing electrical inspec1on 10% draw $5,604.08

General Contractor Authorized Signature Date:

Inﬁnite Energies Authorized Signature Date: 11/23/2023 Infinite Energies LLC ROC# 345564

infiniteenergieselectric.com

(480) 506-6986

Bill to: Kitchen and Bath Remodelers Invoice: 4 Location: 10809 N 82nd Place Invoice Scottsdale, AZ 85260 Date:4/9/2024 Project: 82nd build

TOTAL

DESCRIPTION WORK COMPLETED QTY UNIT PRICE

Add fan switch leg patio, dining, and in master 700.00 closet with fan box and brace

Add 5 eve light receptacles 3 front 2 rear and one switch for rear and one switch for front. 1 900.00 20-amp circuit prewire

20-amp circuits with switch and two stubs for future landscape light transformers one at 4 900.00 each corner of house prewire only

Rewire butler closet two times 2 300.00

Saw cut and add floor boxes at living room 1500.00 plate glass with pour back

Relocate SES 1 400.00

Added lighting prewire for 5 sconce lights and 500.00 switch for main hall

Rewire bar power to accommodate cabinet 400.00 layout

Add fan brace and switch leg for great room light opening with fan brace chandelier 1 400.00

Dedicated 20 amp Bidet outlet in master bath 300.00 water closet prewire

Relocate entry sconce light 1 200.00

Add porch coach light switch to separate 100.00 switching from other porchlights prewire Add in cabinet and under cabinet prewire for lighting to kitchen upper cabinets, lights and 1200.00 transformers not included

Run 8 40-amp circuits from panel A to two tankless water heater’s locations one in garage 2 2800.00 and one at north east corner of house. prewire

Add switching and shelf lighting in mud room 500.00 lights and transformers not included prewire

Added co2 smoke detector combos prewire 3 0.00

Relocate one sub panel after install 1 000

Recover floor box locations in concrete 2 500.00

Add artwork light and switch main hall prewire 1 250.00

Add foyer sconce switch prewire 1 100.00

Remote recessed can transformer for back patio lights due to no spacing for lights and 1 250.00 transformers at the light locations. prewire

Sconce light and two three way switches in 350.00 mud room prewire

Raise panel C 6 inches 1 0.00

Relocate recessed light prewire in living room and family room due to relocation of framing 16 600.00 for ceiling drops

Add two floor boxes in family room prewire 2 1500.00

Add 20 amp receptacle in master bath at vanity 100.00 prewire

Balance Due 14,750.00

Thank you for your business! Terms & Instructions Payment Due upon completion July 24, 2024

Via U.S. Mail and Email

Complainant Infinite Energies LLC 3250 W Greenway Rd Unit 122 PHOENIX, AZ 85053

Via U.S. Mail and Email

Respondent Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Ste 10 Chandler, AZ 85286

Re: Complaint No. 2024-08250

Dear Complainant and Respondent:

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by July 31, 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 July 31, 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

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

General Contractor Authorized 12/07/2023 Signature____________________________________Date:_________________________

General Contractor Authorized Signature Date:

Inﬁnite Energies Authorized Signature Date: 11/23/2023 Infinite Energies LLC ROC# 345564

infiniteenergieselectric.com

(480) 506-6986

Bill to: Kitchen and Bath Remodelers Invoice: 4 Location: 10809 N 82nd Place Invoice Scottsdale, AZ 85260 Date:4/9/2024 Project: 82nd build

TOTAL

DESCRIPTION WORK COMPLETED QTY UNIT PRICE

Add fan switch leg patio, dining, and in master 700.00 closet with fan box and brace

Add 5 eve light receptacles 3 front 2 rear and one switch for rear and one switch for front. 1 900.00 20-amp circuit prewire

20-amp circuits with switch and two stubs for future landscape light transformers one at 4 900.00 each corner of house prewire only

Rewire butler closet two times 2 300.00

Saw cut and add floor boxes at living room 1500.00 plate glass with pour back

Relocate SES 1 400.00

Added lighting prewire for 5 sconce lights and 500.00 switch for main hall

Rewire bar power to accommodate cabinet 400.00 layout

Add fan brace and switch leg for great room light opening with fan brace chandelier 1 400.00

Dedicated 20 amp Bidet outlet in master bath 300.00 water closet prewire

Relocate entry sconce light 1 200.00

Run 8 40-amp circuits from panel A to two tankless water heater’s locations one in garage 2 2800.00 and one at north east corner of house. prewire

Add switching and shelf lighting in mud room 500.00 lights and transformers not included prewire

Added co2 smoke detector combos prewire 3 0.00

Relocate one sub panel after install 1 000

Recover floor box locations in concrete 2 500.00

Add artwork light and switch main hall prewire 1 250.00

Add foyer sconce switch prewire 1 100.00

Remote recessed can transformer for back patio lights due to no spacing for lights and 1 250.00 transformers at the light locations. prewire

Sconce light and two three way switches in 350.00 mud room prewire

Raise panel C 6 inches 1 0.00

Relocate recessed light prewire in living room and family room due to relocation of framing 16 600.00 for ceiling drops

Add two floor boxes in family room prewire 2 1500.00

Add 20 amp receptacle in master bath at vanity 100.00 prewire

Balance Due 14,750.00

Thank you for your business! Terms & Instructions Payment Due upon completion LEGAL RECEIVED 07/30/2024

3100 W Ray Rd., Suite 201 Chandler, Arizona 85226 (602) 492-7766 www.samuelwanglaw.com

July 30, 2024 Via U.S. e-Mail

Arizona Registrar of Contractors [email redacted]

Re: KITCHEN AND BATH REMODELING LLC/INFINITE ENERGIES LLC Response to ROC Complaint #2024-08250

Dear Registrar,

On behalf of my client, Kitchen and Bath Remodeling LLC, I submit this response to the complaints filed by Infinite Energies LLC, identified as Complaint #2024-08250 and Complaint #2024-08317.

1. Duplicate Complaints: We note that Infinite Energies LLC has filed two complaints (#2024- 08250 and #2024-08317) which are duplicates. We request that these complaints be consolidated into a single case to avoid redundancy and unnecessary administrative burden.

2. Contractual Relationship: The contractual relationship for the project in question was directly between Infinite Energies LLC and the homeowner, Rylan Stewart. Payment for the services rendered by Infinite Energies LLC was made directly by Rylan Stewart Enterprises LLC. Attached as Exhibit A is a copy of the check from Rylan Stewart Enterprises, confirming the payment made to Infinite Energies LLC directly from the homeowner.

3. Unauthorized Change Orders: Infinite Energies LLC did not obtain written approval for the change orders related to the project. The lack of written authorization for these changes is a clear violation of standard contracting procedures and undermines the legitimacy of the claims for additional payment.

4. Unlicensed Subcontractors: Infinite Energies LLC subcontracted work to unlicensed subcontractors. This unauthorized use of unlicensed subcontractors contributed to the poor workmanship and incorrect installations at the jobsite.

5. Poor Workmanship: The workmanship of Infinite Energies LLC was substandard and failed to pass necessary inspections. Attached as Exhibit B are inspection reports highlighting the deficiencies and failures in the work performed by Infinite Energies LLC. These deficiencies necessitated the engagement of a different contractor to correct and complete the work to meet the required standards.

3100 W Ray Rd. ∎ Suite 201 ∎ Chandler, Arizona 85226 ∎ Phone: (602) 492-7766 LEGAL RECEIVED 07/30/2024

6. Lack of Response and Disappearance: The contractor from Infinite Energies LLC disappeared for a period and did not respond to requests to correct the work. Despite multiple attempts to contact and request that the contractor return to rectify the substandard work, there was no response, and the contractor failed to show up. This lack of responsiveness further contributed to the need to hire another contractor to complete the project. A Witness statement from an individual present at the site during attesting to Mr. Whitworth’s workmanship and professionalism is attached as Exhibit C.

7. Substance Abuse: It has come to our attention that Alan Whitworth of Infinite Energies LLC, was under the influence of drugs and/or alcohol while on the job site. This unprofessional behavior compromised the safety and quality of the work. A Witness statement from an individual present at the site during Mr. Whitworth's impairment is attached as Exhibit C.

8. Remediation by Another Contractor: Due to the poor workmanship and failure to pass inspections, another contractor had to be hired to perform and complete the necessary work. This additional cost and inconvenience were directly caused by the substandard work of Infinite Energies LLC.

9. Pending Litigation: Additionally, there will be pending litigation in this matter as the homeowner will be seeking damages caused by Infinite Energies LLC's poor workmanship and negligence. Therefore, we contend that the ROC should not have jurisdiction over this matter.

Conclusion: In light of the above points, we assert that Kitchen and Bath Remodeling should not be held liable for the claims made by Infinite Energies LLC. The complaints filed lack merit and should be dismissed. We respectfully request that the Registrar review the attached evidence and consider our response in full.

Thank you for your attention to this matter.

Sincerely, LAW OFFICES OF SAMUEL WANG

Samuel Wang, Esq. For the firm

3100 W Ray Rd. ∎ Suite 201 ∎ Chandler, Arizona 85226 ∎ Phone: (602) 492-7766 LEGAL RECEIVED 07/30/2024

EXHIBIT A LEGAL RECEIVED 07/30/2024 LEGAL RECEIVED 07/30/2024

EXHIBIT B LEGAL RECEIVED 07/30/2024 LEGAL RECEIVED 07/30/2024

EXHIBIT C LEGAL RECEIVED 07/30/2024

WITNESS STATEMENT

I, Mike Petrucelli, hereby declare as follows:

1. I am over the age of eighteen, am competent and of sound mind, have personal

knowledge of the facts set forth below and, if called as a witness, I can and will

testify truthfully to each of the following.

2. In early 2024 as electrical work was in progress, we would conduct jobsite walks

to clarify the work that was being performed. In many of these meetings it was

clear that Alan Whitworth of Infinite Energies was impaired by some substance

that affected his speech and bodily movements. He would slur and repeat a lot of

his words and would refrain from making eye contact.

3. On many of these jobsite walks we would also have our interior designer on site to

discuss other points of the project at the same time. After just one of these walks,

the designer made it very clear to us that she did not want to be a part of these

walks when Alan Whitworth was also on site. She also made it clear that she

thought he seemed to be under the influence of a substance and it made her

nervous.

4. There were many instances when Allen would not show up to perform work when

he previously promised and was scheduled to do so. These no shows were often

questioned in text in which his responses were indicative to his lack of

professionalism and inability to be at the jobsite, such as a text received from

Allen Whitworth on Tuesday March 12th 2024 that reads “I didn’t get the wire in LEGAL RECEIVED 07/30/2024

at 82nd. I fucked off for too long. Started talking to some chicks, couldn’t figure

out what they were trying to hint at doing…”

5. In multiple instances Allen would request payments to be made out to him directly

and not Infinite Energies. One text message received on March 22nd 2024 reads “Is

it possible to cut me a check for the floor boxes at the new house going up that I

installed? Could you possibly make it out to me? Alan Whitworth and not IE?”

These messages were concerning as it made Alan appear even more questionable

and made me question his trustworthiness.

6. We trusted Alen initially to be capable of completing this job as he promised,

however very early on we realized that he was not. He was very unreliable, and

untrustworthy. He would rarely follow through on promises, and when he would

we eventually found out many of the items he completed were incorrect, or poorly

done.

7. I, Mike Petrucelli, make this affidavit based on my personal knowledge, and I

affirm that the information provided herein is true and accurate to the best of my

knowledge and belief.

RESPECTFULLY SUBMITTED this 30TH day of July 2024.

/s/ Mike Petrucelli Mike Petrucelli 7/31/24, 2:25 PM State of Arizona Mail - Complaint #2024-08250: Kitchen and Bath Remodeling/Infinite LEGAL RECEIVED Energies 07/30/2024

Legal New Mail - AZROC <[email redacted]>

Complaint #2024-08250: Kitchen and Bath Remodeling/Infinite Energies message

Samuel Wang <[email redacted]> Tue, Jul 30, 2024 at 5:59 PM To: [email redacted]

Attached is Respondent’s response to the ROC nonpayment complaint #2024-08250.

Samuel Wang, Esq. Attorney at Law LAW OFFICES OF SAMUEL WANG, PLLC 3100 W Ray Rd. Suite 201 Chandler, AZ 85226 Telephone: (602) 492-7766 [email redacted] samuelwanglaw.com

2024 07 30 - FINAL Response to ROC - K&B:Infinite Energies 2024-08250.pdf 4600K

https://mail.google.com/mail/b/AEoRXRTRpNUypaOJQqZoN5PEijY8HYGKBmbPowPNgTJ_QyaG8Jkv/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-08250 Infinite Energies LLC,

COMPLAINANT, v. CITATION Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor License No. ROC 322410, RESPONDENT.

The Registrar issues this Citation to Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 19, 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 23, 2024, Infinite Energies 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. 2024-08250. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 19, 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 4, 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 4, 2024 to:

Respondent Certified Mail No: [number redacted] Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Ste 10 Chandler, AZ 85286 Copy mailed by USPS First Class mail this same date to: Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Ste 10 Chandler, AZ 85286 Complainant Infinite Energies LLC 3250 W Greenway Rd Unit 122 PHOENIX, AZ 85053 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. 2024-08250 / 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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Via U.S. Mail and Email

Complainant Infinite Energies LLC 3250 W Greenway Rd Unit 122 PHOENIX, AZ 85053

Via U.S. Mail and Email

Respondent Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Ste 10 Chandler, AZ 85286

Re: Complaint No. 2024-08250

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 July 31, 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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 82nd Build Proposal Loca1on: 10809 N 82nd Place Sco:sdale Az. Project Number #1 Date of bid drawings (11/02/2021) Proposal issue date (11/21/2023) valid for 30 days Proposal Issued by Inﬁnite Energies LLC inﬁniteenergieselectric.com Proposed to Kitchen and Bath Remodelers Proposal Created by Alan Whitworth (480)506-6986 Items Included in this proposal: -All electrical included on plan drawings. Installa5on of all decora receptacles and switches. Installa5on of all light ﬁxtures and ceiling fans (provided by others) added cost to balance fans not provided by Inﬁnite Energies LLC. -All general use areas required to be arc fault protected with tamper resistant devices will be 15amp circuits. -Any future changes to drawings or items that are not shown on drawings are not included in this proposal and subject to addi5onal cost. drops that include one cat jack and one RG6 jack routed to loca5on at main electrical panel. -we can provide any low voltage wiring and systems, alarm, automa5on, surveillance, audio/video, at addi5onal cost. -change order rate per man hour to be as follows: $35 per hour on work done with just framing in place, $60 per hour aQer insula5on has been installed, $80 per hour aQer sheet rock has been installed. - Rough wiring 20 day’s 5me begins aQer all walls are completed, drops and arches can be done last which gets us in at an earlier date to help accelerate schedule. Trim out 10 day’s 5me begins aQer interior of building is fully drywalled, painted and all cabinets have been installed. If exterior is not painted during this 5me frame ﬁxtures will be installed and masked by others. -once material has been installed at its ﬁnal loca5on general contractor will assume liability for any theQ or damage. Items Excluded in this Proposal: Saw cuWng, Concrete work, Grid wires, Patchwork, Over5me, Night shiQs, Weekend hours, Fire alarm systems, APS/SRP u5lity work, Temporary ligh5ng, or power, Permits or Taxes. Addi1onal Terms: Labor and materials to be provided for the engineered electrical drawings dated above. This bid is created with the standards of AIA 401-1997 subcontract form, and on the exclusion of any requirement to name addi5onal insured or to wave subroga5on of claims covered by workers' compensa5on or commercial general liability insurance, or subcontract form or other contract form acceptable to Inﬁnite Energies LLC.If during the performance of this contract, the price of copper & steel signiﬁcantly increases, through no fault of contractor, the price of copper and under this agreement shall be equitably adjusted by an amount reasonably necessary to cover such signiﬁcant price increase. As used herein, a signiﬁcant price increase shall mean any increase in price exceeding two percent (2%) experienced by contractor from the date of this proposal. Such price increases shall be documented through quotes, invoices, or receipts. Where the delivery of copper and or steel under this agreement is delayed, through no fault of contractor, because of the shortage or unavoidable circumstances aﬀec5ng price of copper, steel, PVC or any other commodi5es associated with this project. Contractor shall not be liable for any addi5onal costs or damages associated with such delay. Any adds or changes during construc5on are subject to payment within 72 hours of comple5on. Cost of original Proposal dated 09/07/2023 $53,040.89 Six 880MP ﬂoor box loca1ons with brushed aluminum or equal trim $3,000.00 New total $56,040.00 Draw schedule as follows: Before underground mobiliza1on 5% draw $2,802.04 Before star1ng work on rough installa1on 55% draw $29,172.48 Upon comple1on of trim 30% draw $16,812.26 Upon passing electrical inspec1on 10% draw $5,604.08

General Contractor Authorized 12/07/2023 Signature____________________________________Date:_________________________

General Contractor Authorized Signature Date:

Inﬁnite Energies Authorized Signature Date: 11/23/2023 Infinite Energies LLC ROC# 345564

infiniteenergieselectric.com

(480) 506-6986

Bill to: Kitchen and Bath Remodelers Invoice: 4 Location: 10809 N 82nd Place Invoice Scottsdale, AZ 85260 Date:4/9/2024 Project: 82nd build

TOTAL

DESCRIPTION WORK COMPLETED QTY UNIT PRICE

Add fan switch leg patio, dining, and in master 700.00 closet with fan box and brace

Add 5 eve light receptacles 3 front 2 rear and one switch for rear and one switch for front. 1 900.00 20-amp circuit prewire

20-amp circuits with switch and two stubs for future landscape light transformers one at 4 900.00 each corner of house prewire only

Rewire butler closet two times 2 300.00

Saw cut and add floor boxes at living room 1500.00 plate glass with pour back

Relocate SES 1 400.00

Added lighting prewire for 5 sconce lights and 500.00 switch for main hall

Rewire bar power to accommodate cabinet 400.00 layout

Add fan brace and switch leg for great room light opening with fan brace chandelier 1 400.00

Dedicated 20 amp Bidet outlet in master bath 300.00 water closet prewire

Relocate entry sconce light 1 200.00

Run 8 40-amp circuits from panel A to two tankless water heater’s locations one in garage 2 2800.00 and one at north east corner of house. prewire

Add switching and shelf lighting in mud room 500.00 lights and transformers not included prewire

Added co2 smoke detector combos prewire 3 0.00

Relocate one sub panel after install 1 000

Recover floor box locations in concrete 2 500.00

Add artwork light and switch main hall prewire 1 250.00

Add foyer sconce switch prewire 1 100.00

Remote recessed can transformer for back patio lights due to no spacing for lights and 1 250.00 transformers at the light locations. prewire

Sconce light and two three way switches in 350.00 mud room prewire

Raise panel C 6 inches 1 0.00

Relocate recessed light prewire in living room and family room due to relocation of framing 16 600.00 for ceiling drops

Add two floor boxes in family room prewire 2 1500.00

Add 20 amp receptacle in master bath at vanity 100.00 prewire

Balance Due 14,750.00

Thank you for your business! Terms & Instructions Payment Due upon completion Received 9/19/2024 ROC Legal

Samuel Wang, Esq. (No. 033911) LAW OFFICES OF SAMUEL WANG, PLLC 3100 W Ray Rd., Suite 201 Chandler, Arizona 85226 (602) 492-7766 [email redacted] Attorney for Respondent

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA INFINITE ENERGIES LLC, COMPLAINANT, vs. 1ST AMENDED WRITTEN ANSWER TO CITATION CASE NO. 2024-08250 KITCHEN AND BATH REMODELING LLC, DBA: ARIZONA CABINETS AND DECOR, License No. ROC 322410, RESPONDENT.

Respondent Kitchen and Bath Remodeling LLC, DBA: Arizona Cabinets and Decor (“Respondent”) has retained this law firm to represent its interests in the above- referenced Citation (No. 2024-08250; the “Citation”). Respondent is in receipt of the

citation issued September 4, 2024. Respondent hereby files this Written Answer to the Citation showing why the Citation should be dismissed in its entirety and why Complainant should be granted no relief.

1ST AMENDED WRITTEN ANSWER TO CITATION CASE NO. 2024-08250 - 1 Received 9/19/2024 ROC Legal

ARGUMENT Charge 1: A.R.S. § 32-1154(A)(10) The allegations made by Infinite Energies LLC are unfounded and lack merit. The

following points and supporting exhibits provide evidence why this complaint should be

dismissed. I. CONTRACTUAL RELATIONSHIP The contractual relationship for the work performed by Infinite Energies LLC was not

between Kitchen and Bath Remodeling LLC and Infinite Energies LLC, but directly

between Infinite Energies LLC and the property owner. This is demonstrated by the fact that payment for the work was made directly by the property owner to Infinite Energies LLC, not by Kitchen and Bath Remodeling LLC. The payment issued directly from the property owner to Infinite Energies LLC further supports the conclusion that Kitchen and

Bath Remodeling LLC was not responsible for payments related to this particular contract. Attached as Exhibit A is a copy of the check from Rylan Stewart Enterprises, confirming the payment made to Infinite Energies LLC directly from the homeowner. II. CORRECTION OF DEFECTS

If it is determined that the contractual relationship exists between the Complainant and

the Respondent, Respondent argues the following in the alterative. On January 28, 2024 Complainant entered into a Subcontractor Agreement (“SCA”) with Respondent. In section 7(B) of the SCA Complainant agreed to begin correcting defects “(w)ithin 48

hours of Subcontractor receiving notice.” See SCA Section 7(B) attached as Exhibit B.

Furthermore, the SCA states:

1ST AMENDED WRITTEN ANSWER TO CITATION CASE NO. 2024-08250 - 2 Received 9/19/2024 ROC Legal

If such correction or replacement is not commenced within 48 Hours, or is deficient in any manner under this Agreement, General Contractor may have such defects or deficiencies corrected, which expense will be paid or reimbursed by

Subscontractor. See SCA Section 7(B) attached as Exhibit B.

On or about April 10, 2024 Respondent informed Complainant that his work was deficient and didn’t pass inspections. Inspection Report attached as Exhibit C. See also

Text messages between the parties attached as Exhibit D. After Complainant was made

aware of the deficient work he became combative and threatening. Complainant told Respondent he would only make corrections “if you pay the money you owe.” Emphasis added. See Exhibit D. Complainant refused to the return to the project and did not complete the work or his deficiencies which were numerous.

Even if a contractual relationship is established between Complainant and Respondent, Complainant's refusal to correct the deficiencies, as required under Section 7(B) of the SCA, constitutes a clear breach of the agreement. Despite being notified of the substandard work on April 10, 2024, Complainant failed to initiate corrective action

within the required 48-hour period and instead became combative, conditioning his

compliance on unrelated payment demands. By refusing to remedy the defects, Complainant forfeited his right to continue working on the project, and Respondent rightfully sought to address the deficiencies at Complainant’s expense, in accordance with

the SCA. Respondent has incurred costs of $38,750 due to Complainant’s failure to

correct defects. See Invoices attached as Exhibit F.

1ST AMENDED WRITTEN ANSWER TO CITATION CASE NO. 2024-08250 - 3 Received 9/19/2024 ROC Legal

III. UNAUTHORIZED WORK AND POOR WORKMANSHIP Complainant frequently made unauthorized changes to the scope of work without the

approval or signature of the property owner or Kitchen and Bath Remodeling LLC. These

change orders were unprofessional and made without the necessary written and signed approvals, in direct violation of standard contracting practices. Pursuant to the SCA Section 11:

Subcontractor shall not make any alterations in the Work including modifications necessitated by applicable codes, laws, rules, or regulations, unless approved in writing by the General Contractor… All Modifications must be in writing and signed by General Contractor to be binding on General Contractor. See Exhibit B.

Complainant frequently made unauthorized change orders that were not in writing, approved, or signed by Respondent. In one instance, Alan Whitworth admitted in a text message that he failed to install recessed lights and ceiling fans as agreed, instead

dismissing their importance without consulting the property owner and making unilateral

change orders. His message reads:

I didn’t get the wire in at 82nd. I fucked off for too long. Started talking to some

chicks, couldn’t figure out what they were trying to hint at doing but anyways.

Recessed lights are kinda lame anyways you didn’t really want them in did you?

1ST AMENDED WRITTEN ANSWER TO CITATION CASE NO. 2024-08250 - 4 Received 9/19/2024 ROC Legal

And ceiling fans are kinda antique rods how items not really en vogue anymore. See Exhibit D.

Here Complainant clearly made decisions and changes without consulting

Respondent in direct violation of the SCA. On March 25, 2024 Complainant sent an invoice for “changes” to which Respondent replied “6K worth of changes?! Under cabinet lights?” which clearly shows Respondent was not consulted and did not approve those

changes. Due to the poor workmanship and failure to pass inspections, another contractor

had to be hired to perform and complete the necessary work. This additional cost and inconvenience were directly caused by the substandard work of Complainant. In section 9(B) of SCA it addresses daily trash and debris resulting from the Subcontractor’s work and says:

If Subcontractor fails to diligently and timely perform such duties, or if a dispute arises among Subcontractor, other Subcontractors and/or General Contractor as to their respective responsibilities for maintaining the Job Site and surrounding area,

General Contractor may clean up and allocate the costs (including General

Contractor’s overhead) amount those responsible, as General Contractor, in its sole discretion determines. See Exhibit B at Section 9(B).

Complainant violated Section 9(B) of the SCA by failing to diligently and timely

perform his duties, such as his responsibilities to maintain the job site, which contributed

1ST AMENDED WRITTEN ANSWER TO CITATION CASE NO. 2024-08250 - 5 Received 9/19/2024 ROC Legal

to delays regarding the condition of the work area. As per Section 9(B) of the SCA, when a subcontractor fails to maintain the job site or disputes arise among parties regarding these responsibilities, the General Contractor has the authority to clean up and allocate

the costs, including overhead, among those responsible. In this case, Respondent was

forced to take corrective action to clean and manage the job site due to Complainant’s failure, thereby incurring unnecessary costs. These costs, which are directly attributable to Complainant’s negligence, should be borne by Complainant in accordance with the

SCA. Respondent has rightfully allocated these additional expenses to Complainant, as

permitted by the SCA, due to his failure to fulfill his contractual obligations. Complainant's repeated unauthorized changes to the scope of work, in clear violation of the SCA and without the necessary written approvals, demonstrate a significant lack of professionalism and disregard for standard contracting practices. These unauthorized

modifications, as evidenced by text message admissions and disputed invoices, not only caused confusion but also added unnecessary financial burdens to the project. Additionally, Complainant failed to diligently perform his duties in maintaining the job site, as required by Section 9(B) of the SCA, further exacerbating delays and increasing

costs. Respondent was forced to intervene, incurring additional expenses to manage and

clean up the job site, which, under the terms of the SCA, should be allocated to Complainant. Complainant’s unilateral actions and refusal to adhere to the agreed-upon terms significantly undermined the project’s progress and financial integrity. As such,

Respondent should not be held responsible for the costs associated with these

unauthorized changes and failures to perform. Respondent has incurred costs of $38,750

1ST AMENDED WRITTEN ANSWER TO CITATION CASE NO. 2024-08250 - 6 Received 9/19/2024 ROC Legal

due to Complainant’s unauthorized work and poor workmanship. See Invoices attached as Exhibit F. IV. DELAYS

Complainant's repeated failures to complete the work according to the agreed-upon

plans, specifications, and schedule resulted in significant delays and negatively impacted Respondent's ability to fulfill its obligations to the property owner. Section 15(A) of the Subcontractor Agreement ("SCA") states”

Subcontractor understands and acknowledges that (i) any failure by Subcontractor to complete the Work with respect to any Residence in accordance with the applicable Plans and Specifications and applicable laws and regulations; (ii) to meet the applicable Project Schedule; or (iii) comply with any provision of this

Agreement, may delay or otherwise adversely affect General Contractor’s performance of duties owed to the owner or occupier of the Residence or Job Site, or the entity engaging the services of General Contractor for the repair, remodel, or improvement of the Residence or Job Site. See Exhibit C at Section 15(A).

This provision highlights the direct link between the Subcontractor’s actions and the General Contractor’s responsibilities to the property owner. By failing to adhere to project deadlines, making unauthorized changes, and using unlicensed subcontractors,

Complainant caused substantial delays and quality issues that compromised the entire

project. These failures placed Respondent in a position where it could not meet its

1ST AMENDED WRITTEN ANSWER TO CITATION CASE NO. 2024-08250 - 7 Received 9/19/2024 ROC Legal

contractual obligations under other agreements with the property owner, further increasing the project’s costs and burdening Respondent with unnecessary risks. The fact that Complainant failed to comply with the SCA’s provisions not only constitutes a breach

of their subcontract but also harmed Respondent’s reputation and performance under its

broader General Contractor agreements. In accordance with Section 15(A) of the SCA, Complainant had a duty to complete the work in a manner that did not adversely affect the General Contractor’s performance.

Their failure to do so, and the resulting delays and added expenses, demonstrate a clear

breach of this duty. Therefore, Respondent should not be held responsible for the costs and consequences of Complainant's failure to perform in accordance with the terms of the SCA. Respondent has incurred costs of $38,750 due to Complainant’s delays. See Invoices attached as Exhibit F.

V. UNAUTHORIZED SUBCONTRACTORS Complainant subcontracted significant portions of the work to unlicensed subcontractors, directly contributing to the project’s failures. This practice not only violates Arizona’s contracting regulations A.R.S. § 32-1154(A)(11) but also significantly

compromised the quality and integrity of the work performed. The Subcontractor Agreement ("SCA") between the parties explicitly prohibits such actions. Section 10 of the SCA states:

Subcontractor shall not pledge, transfer, encumber, assign or delegate any of its

obligations, duties, or rights under this agreement, or enter into a separate

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agreement with any other subcontractor to perform any of the duties, obligations, and/or work included in this agreement without the prior written consent of General Contractor. See SCA Section 10, attached as Exhibit B.

Complainant, without seeking or obtaining Respondent’s written consent, entered into separate agreements with non-W2 workers, thereby breaching the SCA’s clear prohibition on delegating work. This unauthorized use of unqualified subcontractors was a significant

factor in the project's deficiencies and placed the Respondent at risk of legal and

regulatory violations due to the employment of unlicensed contractors. Complainant’s decision to employ unlicensed subcontractors in violation of Arizona law further undermines their claims for payment. Under A.R.S. § 32-1154(A)(11), a licensed contractor may face disciplinary action for “knowingly contract[ing] with a

person or firm that does not hold a valid and active license in a classification appropriate to the work to be performed.” By engaging unlicensed subcontractors, Complainant not only breached their contractual obligations but also violated this statute, which bars them from lawfully performing or supervising the work. As a result, Complainant is precluded

from seeking payment for the unauthorized and illegal work performed by these

unlicensed subcontractors, as Arizona law prohibits contractors from collecting compensation for work that requires a license unless all parties performing that work are properly licensed.

Complainant’s decision to subcontract work to unlicensed subcontractors without

obtaining the required written consent from Respondent constitutes a clear breach of

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Section 10 of the Subcontractor Agreement. This improper delegation of work not only violated Arizona’s contracting regulations but also directly contributed to the project's substandard results. As a result, Respondent should not be held liable for any failures or

deficiencies caused by Complainant’s unauthorized and unprofessional practices.

Respondent has incurred costs of $38,750 due to Complainant’s use of unlicensed contractors. See Invoices attached as Exhibit F. VI. SUBSTANCE ABUSE ON WORKSITE AND UNPROFESSIONAL

BEHAVIOR

Witnesses observed Alan Whitworth demonstrating signs of substance abuse while on the job, including impaired speech, slurred words, and erratic behavior, compromising the safety and quality of the work. This conduct has been documented in communications between Kitchen and Bath Remodeling LLC and Infinite Energies LLC. These

unprofessional behaviors were noted by multiple witnesses at the site. See Witness Statement from Mike Petrucelli attached as Exhibit E. This witness statement details observations of Alan Whitworth’s unprofessional conduct and behavior while at the job site. See Text Messages attached as Exhibit D, which show texts between Alan

Whitworth and Kitchen and Bath Remodeling LLC, where he admits to not completing

scheduled work due to personal distractions and asking for direct payments to himself rather than Infinite Energies LLC. Throughout the duration of the project, Alan Whitworth exhibited erratic and

unprofessional behavior, which significantly disrupted the workflow and caused

numerous issues for Kitchen and Bath Remodeling LLC. Mr. Whitworth regularly failed

1ST AMENDED WRITTEN ANSWER TO CITATION CASE NO. 2024-08250 - 10 Received 9/19/2024 ROC Legal

to show up at the job site when scheduled, and when he did, his conduct was highly unprofessional. This was compounded by his repeated performance of unnecessary work and unauthorized actions, including taking materials from the warehouse without

permission.

On multiple occasions, Mr. Whitworth performed unnecessary tasks that were not part of the agreed-upon scope of work. Furthermore, Mr. Whitworth repeatedly attempted to circumvent proper payment

channels by requesting checks be made out directly to him, rather than his

company, Infinite Energies LLC. In one message, Mr. Whitworth asks:

Is it possible to cut me a check for the floor boxes at the new house going up that I installed? Could you possibly make it out to me, Alan Whitworth, and not IE?

See Exhibit D.

This unprofessional conduct raises serious concerns about his integrity and intent, particularly when combined with other unapproved actions.

In addition to these unprofessional requests, Mr. Whitworth accessed Kitchen and

Bath Remodeling LLC's warehouse and took materials without permission or notice. Despite clear instructions to return the items, he failed to comply in a timely manner, further undermining the trust between the parties. See Text Messages as Exhibit D.

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Moreover, Mr. Whitworth’s erratic behavior on the job site was also captured in a text exchange where he admitted to spending time doing unrelated activities while at the site. When asked why he was at the 82nd location, he replied:

To get my wire cart and one of my ladders, video documented my install, which I always do. Took a piss, talked to my fine ass girl, got mud on my tires, locked the gate properly oh yeah took a piss too. See Exhibit D.

This response exemplifies the lack of professionalism that characterized Mr. Whitworth’s involvement in the project. VII. PREVIOUS LICENSE REVOCATION It is critical to emphasize that Alan Whitworth was the primary individual in

communication with Respondent throughout the project and was responsible for directing or personally performing much of the work. Mr. Whitworth's involvement in the project is particularly concerning given his documented history of non-compliance with Arizona contracting laws. Specifically, Mr. Whitworth had his license revoked by

the Arizona Registrar of Contractors for his previous entity, Whitworth Electric LLC.

This revocation underscores a pattern of incompetence and disregard for regulatory standards, casting serious doubt on his ability to successfully complete construction projects. His past failures, combined with his actions on this project, further demonstrate

that Mr. Whitworth is not qualified to meet the demands of Arizona’s contracting

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regulations or deliver the level of quality required for the work. This history serves as a key factor in explaining the deficiencies and failures in the current project. VIII. PENDING LITIGATION

A lawsuit is imminently being filed to address the damages caused by Infinite

Energies LLC, making the Maricopa County Superior Court the proper forum for resolving these claims. The financial and legal complexities involved, including issues of liability and damages, are best handled through the judicial process. Therefore, the

Arizona Registrar of Contractors should dismiss this complaint and allow the court to

fully adjudicate the matter. Pursuing both actions simultaneously would risk duplicating efforts and create the potential for conflicting outcomes. CONCLUSION The evidence overwhelmingly demonstrates that Complainant, Infinite Energies

LLC, repeatedly violated the Subcontractor Agreement (“SCA”) and engaged in conduct that directly caused significant project delays, deficiencies, and financial harm to Respondent. First, Complainant’s refusal to correct substandard work, despite being contractually obligated to do so within 48 hours of notice, constitutes a clear breach of the

SCA. Rather than remedying these defects, Complainant became combative and

conditioned his performance on unrelated payment demands, leaving Respondent to address the numerous deficiencies at substantial cost. Second, Complainant made unauthorized and unilateral changes to the scope of

work without the necessary approvals, in direct violation of the SCA. These actions not

only deviated from professional standards but also added confusion and financial burdens,

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as Respondent was forced to bear the consequences of changes it did not approve. Complainant’s disregard for the proper contractual procedures, evidenced by text messages and disputed invoices, resulted in unnecessary expenses that are rightly

attributable to Complainant's misconduct.

Third, Complainant further violated Arizona law by hiring unlicensed subcontractors in contravention of A.R.S. § 32-1154(A)(11) and Section 10 of the SCA. This unauthorized delegation of work to unqualified individuals significantly

compromised the quality of the project, forcing Respondent to intervene and remediate

the issues caused by the unlicensed workers. Arizona law bars Complainant from seeking compensation for any work performed in violation of licensing requirements, and these violations alone provide ample grounds for the dismissal of Complainant's claims. Moreover, Complainant’s unprofessional behavior, including erratic conduct,

substance abuse on the job site, and attempts to bypass proper payment channels, further disrupted the project and compromised Respondent's ability to meet its obligations. Witness statements and communications show that Complainant regularly failed to complete scheduled work and engaged in inappropriate actions that undermined the trust

between the parties. This conduct, combined with Complainant’s prior history of having

his contractor’s license revoked, paints a clear picture of incompetence and non- compliance with Arizona’s contracting laws. In addition, the pending litigation concerning the damages caused by Infinite

Energies LLC should be adjudicated in the superior court, where the financial and legal

complexities, including liability and damages, can be thoroughly addressed. Given the

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risk of duplicative efforts and potentially conflicting outcomes, the Arizona Registrar of Contractors should refrain from further action on this matter and allow the court to resolve the dispute.

Therefore, Respondent respectfully requests that the Registrar of Contractors

dismiss the citation in its entirety, as the evidence clearly demonstrates that Complainant’s breaches of contract, violations of Arizona law, and unprofessional conduct are solely responsible for the project’s failures.

RESPECTFULLY submitted this 19th day of September, 2024.

LAW OFFICES OF SAMUEL WANG, PLLC

/s/ Samuel Wang Samuel Wang, Esq. (No. 033911) Attorney for Respondent

ORIGINAL sent this 19th day of September 2024 to:

[email redacted] /s/Samuel Wang

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EXHIBIT A Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal

EXHIBIT B Received 9/19/2024 ROC Legal

NEW VENDOR PACKET

Please review the entire packet and return the following items:

 Completed Contractor Company contacts list

 Signed W-9 Form

 Signed Subcontractor Master Agreement (initial each page & sign on pages 15, 21 & 22)

 Signed Safety Acknowledgement

 Signed Safety Rules

Please also provide the following items:

 A copy of your current ROC, General Contractor’s License and/or State Business License (HIC, DBPR, etc.)

 A copy of General Liability certificate (COI) NOTE: See Schedule A in Master Agreement and Sample COI for required limits and verbiage

 A copy of Auto Insurance certificate NOTE: See Schedule A in Master Agreement and Sample COI for required limits and verbiage

 A copy of Workers Comp Insurance OR Waiver form (if applicable) NOTE: See Schedule A in Master Agreement and Sample COI for required limits and verbiage

Thank you for taking an interest in working with Kitchen and Bath Remodeling!

Please scan and email all completed documents [email redacted] or mail to:

Kitchen and Bath Remodeling LLC 7125 E. Southern Ave., Suite 109 Mesa, Arizona 85209 Received 9/19/2024 ROC Legal

CONTRACTOR CONTACTS LIST

Company Name: _______________________________________________________________ Infinite Energies LLC

Address: _______________________________________________________________ 4848 n 181st Ave Goodyear Az 85353

_______________________________________________________________

Position Name Phone Number Email Address President Alan Whitworth [number redacted] [email redacted]

Vice President Zach Seeley [number redacted] [email redacted]

Controller Zach Seeley

Estimating Zach Seeley

P.O.’s / Billing Zach Seeley

Scheduling Alan Whitworth

Customer Service Alan Whitworth

Field Manager Alan Whitworth Received 9/19/2024 ROC Legal

Alan Whitworth

Infinite Energies LLC

4848 n 181st Ave

Goodyear Az 85353

2 6 6 9 9 7 3 1

3 1 9 6 9 7 0 5

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MASTER AGREEMENT

THIS MASTER AGREEMENT (the “Agreement”) is made this _____ day of __________, 20___, by and between KITCHEN AND BATH REMODELING, LLC (“General Contractor”) and _________________________ Infinite Energies LLC (“Subcontractor”). Infinite Energies LLC General: Kitchen and Bath Remodeling LLC Subcontractor: _______________________ 4848 n 181st Ave Address: 7125 E Southern Ave., Ste 109 Address: _______________________ Mesa, AZ, 85209 _______________________ Goodyear Az 85395

480 506 6986 Telephone: 480-738-9638 Telephone: _______________________

License No.: ROC: 322410 License No.: 345564 _______________________

In consideration of the covenants and agreements hereinafter contained, the parties agree as follows:

1. Scope of Agreement. This Agreement provides the terms applicable to all Work (as defined in Section 2 herein) for which Subcontractor is engaged by General Contractor on or after the date indicated above, and until terminated as set forth in Section 15 herein. Subcontractor may be authorized to proceed with Work specified in the Contract Documents (as defined in Section 3 herein) only at such time, and as to such Residence(s), (as defined in Section 2 herein) as may be specified in the sole and absolute discretion of General Contractor in a Start Order (as defined in this Agreement) or similar communication. This Agreement does not authorize Subcontractor to commence any Work, unless General Contractor specifically authorizes Subcontractor to commence Work, as defined by this Agreement.

2. Improvements to Real Property. Subcontractor acknowledges that the Work performed hereunder will constitute a portion of one or more residential dwelling units (each a “Residence”) to be repaired, refurbished, upgraded, or otherwise modified by General Contractor for third parties, and which will be performed either on real property owned by General Contractor (or one of its affiliates) or real property owned by a third party. Subcontractor agrees to furnish and provide all labor, supervision, tools, services, machinery, equipment, vehicles, transportation, scaffolds, materials, permits, licenses, certificates, and other items (collectively, the “Subcontractor Labor, Tools and Materials”) required to complete the work described in the Plans and Specifications (as hereinafter defined) (collectively, the “Work”). For purposes of this Agreement, “Plans and Specifications” shall means the plans, specifications, details and drawings relating to a Residence, together with the scope of work, building materials and building standards and methods required to be used and complied with by Subcontractor, as such may be provided to Subcontractor by General Contractor for each Residence. Such Plans and Specifications are hereby incorporated into this Agreement as though fully set forth herein. At such time as General Contractor, in its sole and absolute discretion, deems appropriate, General Contractor may issue a Start Order authorizing Subcontractor to proceed with the Work with respect to the Residence(s) specified in such Start Order.

3. Subcontractor Responsibilities. Subcontractor shall complete the Work in strict compliance with the Contract Documents, including any and all changes and addenda thereto. For purposes of this Agreement, “Contract Documents” shall mean (i) this Agreement, together with all schedules, addenda, work orders, change orders, Modification Requests (as defined in Section 11) and/or Start Orders issued pursuant to this Agreement; (ii) the Plans and Specifications; and (iii) the documents comprising any bids submitted by Subcontractor to General Contractor pursuant to the terms of this Agreement. Subcontractor shall comply, and cause all of its employees and subcontractors (as defined in this Agreement) to comply with all federal, state and local laws and regulations that may be applicable to the Work, including without limitation, applicable building codes and ordinances. Subcontractor hereby represents and warrants that it is in good standing, and will maintain throughout the term of this Agreement, all necessary federal, state and local professional licenses and certifications necessary to perform the Work. Subcontractor shall also fully comply with all rules, regulations, policies and requirements imposed by (i) General Contractor, which are in effect at the time this Agreement is executed and which the

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General Contractor may adopt and implement subsequently; (ii) any applicable homeowner’s association; and (iii) any governmental authorities having jurisdiction or rule making authority over the Work. Subcontractor acknowledges that the Work provided for in this Agreement constitutes only a part of the work at the Residence(s), and that other subcontractors may provide, at the discretion of the General Contractor, other services, products, and labor at such Residence(s). Accordingly, Subcontractor agrees to perform the Work in a manner that will not interfere with, injure, or damage any other products, services, or work performed on the respective Job Site (as defined in this Agreement), and agrees to pay, indemnify (as defined in Section 18 herein), and hold harmless the General Contractor for any damages that may be caused by Subcontractor, its agents or employees, to any other work by Subcontractor, or any of Subcontractor’s employees, agents or sub-subcontractors.

4. Interpretation of Plans and Specifications and Contract Documents. The Plans and Specifications indicate the nature of the Work, but are not guaranteed to be free from errors or omissions. In the event of any ambiguity, conflict, or lack of clarity within the requirements of the Plans and Specifications, Subcontractor shall request a written clarification from General Contractor of such conflict or ambiguity and shall perform in accordance with such written clarification, but only to the extent that such written clarification does not conflict with any building codes applicable to the Residence(s) or the Work. Failure of Subcontractor to request written clarification of the Plans and Specifications shall constitute an acknowledgement that Subcontractor understands the Plans and Specifications, and that such Plans and Specifications are clear and unambiguous. Subcontractor shall be solely responsible for, and shall make its own measurements as necessary to perform the Work. Subcontractor shall guarantee the accuracy of such measurements, and shall not rely on those made by General Contractor or others. Unless otherwise expressly stated in any schedule or addenda, if there is any ambiguity in or conflict among the various Contract Documents, the terms of this Agreement shall apply and control.

5. Independent Subcontractor

A. Subcontractor, including its agents and employees, is an independent Subcontractor and not an employee of General Contractor. Subcontractor’s employees are not, and shall not be deemed employees of General Contractor. Subcontractor hereby assumes all the rights, obligations and liabilities applicable to it as an independent Subcontractor. Any provisions in this Agreement which may appear to give General Contractor the right to direct Subcontractor as to the manner and means of doing the Work, or to exercise a measure of control over the Work, shall be deemed to mean that Subcontractor shall complete the Work, which result is acceptable to General Contractor. Nothing in this Agreement shall authorize or empower Subcontractor to create or assume any obligation or responsibility, whatsoever, whether express or implied, on behalf of or in the name of General Contractor, nor to make any representation, warranty or agreement on General Contractor’s behalf.

B. General Contractor shall not be obligated to, and shall not withhold, or otherwise pay in relation to Subcontractor or any of its employees or sub-subcontractors, any federal income tax, unemployment compensation tax, social security tax, state income or payroll taxes, or worker’s compensation insurance or taxes associated in any way with the Work, or to take any other action with respect to the insurance or taxes of Subcontractor or to provide any other statutory benefit or right to Subcontractor or any of its employees which may be predicated on an employer-employee relationship.

C. As defined in Section 6 herein, Subcontractor is solely responsible for securing, protecting and providing insurance for all Subcontractor Labor, Tools and Materials. General Contractor shall not be responsible for damage or loss to any of such Subcontractor Labor, Tools and Materials from fire, theft or any other cause whatsoever, regardless of whether such damage or loss may have been caused in whole or in part by any act or omission of General Contractor.

D. Subcontractor hereby agrees and represents that it will, at all times that this Agreement is in effect, comply with all of the requirements of The Immigration Reform and Control Act of 1986, including any subsequent amendments thereto.

6. Insurance

General Contractor Initials: _____ Subcontractor Initials: aw _____ Page 2 Received 9/19/2024 ROC Legal

A. Subcontractor shall, during the term of this Agreement, obtain and maintain, at its own expense, the insurance coverages described below with respect to all Work performed (collectively, the “Insurance Policies”).

i. Except as may otherwise be expressly set forth on any schedule or addenda to this Agreement, Subcontractor shall obtain and maintain (i) worker’s compensation insurance in strict accordance with applicable state law, in which the Work is to be performed; (ii) employer’s liability insurance having not less than the limits, coverage, terms and conditions set forth on Schedule A attached hereto and made part hereof (the “Insurance Requirements”); and (iii) insurance covering Subcontractor Labor, Tools and Materials, and any damage resulting from the use of such by Subcontractor, General Contractor, or others. Coverage under such insurance shall extend to all parties (i.e. employees, agents, and sub- subcontractors) performing work for or on behalf of Subcontractor, whether as insureds or additional insureds.

ii. Subcontractor shall obtain and maintain Commercial General Liability insurance (including “completed operations” coverage) insuring Subcontractor against any and all liability for injury to persons (including death) and damage or destruction of property arising out of the Work, to the extent permitted by applicable state law, in which the Work is performed, without regard to the negligence or breach of any duty by General Contractor or Subcontractor, their respective employees, agents or sub-subcontractors. Coverage under such insurance shall extend to the operations and work of all parties (i.e. employees, agents and independent subcontractors) performing Work pursuant to this or any other Agreement with General Contractor or Subcontractor.

a. The commercial general liability insurance policy shall be issued on an occurrence basis (claims- made or modified occurrence policies are not acceptable) and shall have such coverage terms and conditions as are set forth in the Insurance Requirements on Schedule A, and limits, as to each risk insured, of not less than the amount set forth in the Insurance Requirements, or such greater amount as then prevails in any like coverage carried by Subcontractor.

b. Such commercial general liability coverage shall be written on a standard ISO contract form or on a form acceptable to General Contractor. Such coverage shall not be restricted by endorsements or any policy provisions that limit contractual liability, nor shall such coverage contain any endorsements or policy provisions that limit or exclude residential, commercial or multi-family Kitchen and Bath operations.

c. In addition, such commercial general liability policy shall include General Contractor as an “additional insured”, by formal endorsement as specified in the Insurance Requirements. The “additional insured” status provided to General Contractor shall cover General Contractor for all Ongoing and Completed Operations of all Work, performed by Subcontractor, its agents, employees, and sub-subcontractors, as well as work performed by other subcontractors performing Work at the Residence(s). Such coverage shall be on a primary basis, with no requirement of contribution from any insurance carried by General Contractor.

iii. Subcontractor shall obtain and maintain comprehensive automobile liability insurance, covering the use of all owned, non-owned, or hired motor vehicles employed in or about the performance of the Work, insuring Subcontractor against any and all liability for injury to persons, including death, and damage to property, caused by such vehicles. Such comprehensive automobile liability insurance shall be issued on an occurrence basis, and shall have such coverage terms and conditions as are set forth in the Insurance Requirements on Schedule A and limits, as to each risk insured, of not less than the amount set forth in the Insurance Requirements, or such greater amount as then prevails in any like coverage carried by Subcontractor.

B. With respect to any insurance Subcontractor is required to maintain pursuant to this Agreement, such must waive any and all rights of subrogation which Subcontractor’s insurance carriers might have or claim against General Contractor and/or any of its officers, agents, employees, affiliates, parents, and subsidiaries (collectively, “General Contractor-Related Persons”) arising out of the Work Subcontractor hereby waives all such present and future rights of subrogation. Subcontractor shall require similar waivers from all those

General Contractor Initials: _____ Subcontractor Initials: aw _____ Page 3 Received 9/19/2024 ROC Legal

furnishing services, machinery, equipment, supervision, labor or materials for the Work to or through the Subcontractor.

All of the Insurance Policies shall be issued by a company or companies acceptable to General Contractor and authorized to do business in the respective jurisdiction. Each Insurance Policy shall require at least thirty (30) days’ prior formal written notice to General Contractor of cancellation or non-renewal, lapse of insurance, material changes in coverage or any other change affecting coverage provided by the insurance.

Prior to starting the Work, and at least fifteen (15) days prior to the expiration or renewal of any applicable insurance policy, Subcontractor shall deliver to General Contractor ACORD Certificates of Insurance, in a form acceptable to General Contractor, as evidence that each of the Insurance Policies is in effect. Upon the request of General Contractor, Subcontractor shall furnish complete and certified copies of Subcontractor’s Insurance Policies for review and approval by General Contractor.

Any failure by Subcontractor to obtain and maintain any of the required Insurance Policies shall constitute a Default (as defined in Section 15 hereof) under this Agreement and shall entitle General Contractor to all of the remedies for Default contained herein or otherwise available to General Contractor at law or in equity. General Contractor may (but shall not be obligated to) procure insurance coverage to protect its interests and deduct from payments due to Subcontractors under this Agreement any amounts expended by General Contractor to procure such insurance coverage. Such deductions will continue until Subcontractor provides evidence that the Insurance Requirements specified in this Agreement have been met and have been approved by General Contractor.

Subcontractor shall deliver to General Contractor written notice of any accident or incident at a General Contractor Job Site within twenty-four (24) hours of occurrence, which notice shall include copies of all accident/incident reports completed with respect to such accident or incident. Such accident/incident reports shall specify all possible damages, including personal injury, property damage, or otherwise, resulting from said accident/incident.

The Insurance Policies required by this Section 6 and the Insurance Requirements contained in Schedule A shall in no way limit or waive Subcontractor’s contractual obligations contained in this Agreement. The limits and coverages set forth in the Insurance Requirements are designed to meet the minimum acceptable standards of General Contractor, and shall not be construed as a recommendation or statement of adequate insurance limits, coverage, terms and/or conditions for Subcontractor. Subcontractor is responsible for consulting with its own insurance advisors to ensure that it has adequate insurance coverage to meet the obligations of this Agreement and its business operations.

7. Warranty; Correction of Defects

A. Subcontractor hereby agrees that (i) all Work will be performed in a good and workmanlike manner; (ii) in accordance with all applicable state statutes, building codes and ordinances, and (iii) all Work performed and materials supplied and furnished by Subcontractor, including Subcontractor Labor, Tools and Materials provided by Subcontractor or any sub-subcontractor, shall be of good quality, free from fault and defects, and shall be in strict conformity with the Plans and Specifications. This express guarantee shall be in addition to all other statutory and common law warranties, rights and privileges which are available to General Contractor under the applicable state and federal law, including, without limitation, the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. Neither the making of the Final Payment (as defined in this Agreement) under this Agreement nor any provision contained in the Contract Documents shall relieve Subcontractor of responsibility for providing, using, or recommending faulty or defective materials or workmanship as provided herein. B. Subcontractor shall, at its sole expense, immediately correct or replace any Work that is defective or determined to be nonconforming to the terms of this Agreement. Such correction, replacement and warranty work shall be performed in a manner satisfying prevailing industry standards as determined by the General Contractor. Within 48 hours of Subcontractor receiving notice by General Contractor of deficient or defective Work, Subcontractor shall commence and diligently pursue correction or replacement of such deficient or defective Work until completion, and until such is satisfactory to General Contractor. If such

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correction or replacement is not commenced within 48 hours, or is deficient in any manner under this Agreement, General Contractor may have such defects or deficiencies corrected, which expense will be paid or reimbursed by Subcontractor. Such election by General Contractor shall not invalidate any conditions of this Agreement or invalidate the ongoing warranty obligations for such or any other Work of Subcontractor. Subcontractor’s warranties pursuant to this Section 7 shall in all cases survive termination of this Agreement and the transfer of title to the Residence(s) by General Contractor to a third party.

C. Subcontractor hereby assigns to General Contractor, its successors and assigns, all of Subcontractor’s rights under warranties or guarantees made or provided by suppliers or manufacturers of any material or equipment, including Subcontractor Labor, Tools and Materials. If General Contractor requests, Subcontractor shall confirm in writing any assignment of such warranties or guarantees. Upon General Contractor’s request, Subcontractor shall provide General Contractor with the originals of all warranties and guarantees relating to the Residence(s) prior to the Final Payment by General Contractor to Subcontractor for Work performed with respect to such Residence(s). The assignment of such guarantees and warranties shall not be construed to limit or terminate Subcontractor’s obligations under this Agreement.

8. Project Schedule

A. General Contractor will establish a schedule for the Work, which may be modified in the sole discretion of General Contractor (the “Project Schedule”). Subcontractor shall provide sufficient Subcontractor Labor, Tools and Materials, as well as other items necessary to complete said Work according to the Project Schedule.

B. Subcontractor and General Contractor may agree to lead times, which provide for advance notice when Subcontractor shall begin Work at the Residence(s). Such lead times will be consistent with the Start Order. If an ambiguity exists between lead times and the Start Order, the Start Order shall apply to govern when Subcontractor shall begin Work on the Residence(s).

C. If Subcontractor is delayed in completion of the Work by reason of weather conditions, fires or unavoidable casualties or acts of God beyond the control of Subcontractor, then Subcontractor shall, within 48 hours of such event, provide General Contractor written notice of Subcontractor’s reasonable estimate of the amount of such delay. General Contractor may, at is sole discretion, extend the time period to complete such Work as necessary to reflect such unavoidable delay.

D. General Contractor shall have the right to modify the Project Schedule to delay or suspend the commencement or execution of all or any part of the Work, or to vary the sequence of performance thereof, without compensation to Subcontractor.

E. General Contractor shall not be liable to Subcontractor for any losses or damages incurred by Subcontractor as a result of delays or changes in the Project Schedule, regardless of whether such delays or changes were caused by General Contractor, Subcontractor, or any other cause. In the event of a dispute arising among or between Subcontractor, other subcontractors and/or General Contractor regarding accessibility to a Job Site, General Contractor will make the determination as to work priority and scheduling. Subcontractor shall not permit its Work to delay General Contractor or other subcontractors from performing Work on the Residence(s).

9. Job Site and Job Site Cleanup

A. Areas of the Job Site that may be used by Subcontractor are limited and shall be approved by General Contractor (the “Job Site”). General Contractor shall have the right to reasonably change the location of such areas upon notice to Subcontractor. Subcontractor acknowledges that areas for parking vehicles and storing equipment and materials at the Job Site are limited. Subcontractor shall comply with all requirements imposed by General Contractor for parking vehicles and storing equipment and materials. If necessary, as dictated by General Contractor, Subcontractor will arrange for separate transportation to and from the Job Site for all workers.

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B. At the end of each work day, Subcontractor shall clean up all debris, waste materials, and trash resulting from the Work, and shall pile the debris, waste materials, and trash neatly on Job Site in a location designated by General Contractor, or Subcontractor shall haul such debris, waste materials, and trash away, as specified by General Contractor. Upon completion of the Work, Subcontractor shall immediately remove from the Job Site all excess Subcontractor Labor, Tools and Materials, and shall leave the Job Site in a clean and orderly condition. If Subcontractor fails to diligently and timely perform such duties, or if a dispute arises among Subcontractor, other subcontractors and/or General Contractor as to their respective responsibilities for maintaining the Job Site and surrounding area, General Contractor may clean up and allocate the costs (including General Contractor’s overhead) among those responsible, as General Contractor, in its sole discretion, determines.

10. Assignment or Subcontracting

A. Subcontractor shall not pledge, transfer, encumber, assign or delegate any of its obligations, duties or rights under this Agreement, or enter into a separate agreement with any other subcontractor to perform any of the duties, obligations and/or Work included in this Agreement without the prior written consent of General Contractor. Any purported assignment or delegation made other than in accordance with the terms of this Agreement shall be null, void and of no effect. Subcontractor shall remain responsible for, and all of the provisions of this Agreement shall apply to, all Work performed pursuant to such purported assignment or delegation.

B. If, in accordance with this Agreement, Subcontractor assigns or delegates any of its duties or obligations under this Agreement to another subcontractor (know herein as a “sub-subcontractor”), such sub- subcontractor must perform its portion of the Work in accordance with all of the terms and conditions of this Agreement and the Contract Documents. All of the terms and conditions of this Agreement shall apply to sub-subcontractor, and sub-subcontractor must agree in writing to be bound by the provisions of this Agreement. Specifically, sub-subcontractors must provide insurance as is required by this Agreement, and General Contractor and Subcontractor must be named additional insureds under such sub-subcontractors’ policies. Alternatively, Subcontractor’s insurance coverage must provide coverage for the acts and omissions of any such sub-subcontractor, its employees, agents and independent contractors. Any sub-subcontractors must also agree in writing to defend, indemnify and hold harmless General Contractor and Subcontractor, as required by this Agreement. Notwithstanding the foregoing, Subcontractor agrees that it shall be responsible for, and that all of the provisions of this Agreement shall apply to, all Work performed by sub-subcontractors, as though such Work had been performed directly by Subcontractor.

C. This Agreement, and any exhibits, attachments, or documents relating to the Work, Plans and Specifications, or any other document relating to this Agreement, including subcontracts between Subcontractor and sub- subcontractors, are assignable by General Contractor, in its sole discretion, without the consent of the Subcontractor or the sub-subcontractor(s), and without notice to Subcontractor, to General Contractor and its lender, land banker, financing partner, financing joint venture for the Residence(s), any community development district, or other governmental agency charged with responsibility for completion of infrastructure improvements to the project (each a “Financing Party”), if any. In addition, this Agreement and any subcontract entered into by Subcontractor with respect to this Agreement may be assumed by General Contractor or a Financing Party. Further, General Contractor and any Financing Party shall be specified as third party beneficiaries under all subcontracts, and each Financing Party shall be an intended third party beneficiary of this Agreement.

11. Additions, Deletions or Modifications to the Work

A. General Contractor may order additions, deletions or modifications of the Work time (hereinafter referred to as a “Modification Request”). Modification Requests may relate to third party-selected options and upgrades and/or to modifications or extra work or purchases requested by General Contractor, and may commonly be called “change orders”, “contract exception reports” and/or “extra work/purchase orders”. Except as set forth on any schedule or addenda to this Agreement, Subcontractor shall not make any alterations in the Work, including modifications necessitated by applicable codes, laws, rules or regulations, unless approved in writing by General Contractor.

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B. All Modification Requests must be in writing and signed by General Contractor to be binding on General Contractor. All Modification Requests shall specify the adjustment, if any, which is to be made in the Contract Price (as defined by this Agreement), and may modify the date of completion. Subcontractor shall not be entitled to any extension of the date of completion or increase in the Contract Price unless expressly provided in the written and signed by a Modification Request from General Contractor. General Contractor may also issue Modification Requests to document any adjustments in the Contract Price for any reason, including due to offsets or deductions permitted by this Agreement and the Contract Documents.

C. All Modification Requests approved by General Contractor shall be subject to all of the terms of this Agreement and the Contract Documents.

12. Payments to Subcontractor

A. General Contractor agrees to pay Subcontractor the Contract Price for the performance of the Work in accordance with the payment or draw schedule (the “Draw Schedule”) mutually agreed upon by Subcontractor and General Contractor, as set out in the Start Order, subject to the terms of this Agreement and any adjustments or offsets provided for herein.

B. Subcontractor shall submit invoices or similar requests for payment for the Contract Price (“Payment Request”), in such manner and form as may be determined by General Contractor. If the Payment Request submitted is for the Final Payment (as defined below) for the Work, the Subcontractor shall also comply with the payment and release of liens provisions contained in Schedule B, Additional Provision, attached hereto.

C. Payments due Subcontractor upon completion of each state or phase of the Work pursuant to the Draw Schedule, may be made after General Contractor or its duly authorized representative has inspected such stage or phase of the Work and determined that it has been completed and performed in compliance with this Agreement and Contract Documents and applicable ordinances and building codes. This option to inspect the Work shall not be deemed an obligation of General Contractor to so inspect and approve of the Work. The election or failure by General Contractor to not inspect or specifically approve of each or any stage or phase of the Work shall not release Subcontractor of any obligations and requirements set forth in this Agreement.

D. After completion of the Work by Subcontractor of its Work at a Residence, General Contractor may inspect the Work with a representative of Subcontractor (the “Punch List Inspection”). If such a Punch List Inspection occurs, at the discretion of General Contractor, Subcontractor and General Contractor shall prepare a “punch list”, specifying any Work to be corrected or repairs to be made to conform to the Plans and Specifications, and any modification or changes thereto. At its sole cost and expense, Subcontractor shall correct all such defects within 48 hours of the Punch List Inspection or, if the closing of the sale of the Residence is scheduled to occur within five (5) business days of the Punch List Inspection, then within 24 hours of the Punch List Inspection. Prior to the Final Payment, General Contractor and Subcontractor may, in the General Contractor’s discretion, perform a final walk-through inspection (the “Final Inspection”) and determine whether any remaining punch list items have been completed to the satisfaction of General Contractor. In the event any punch list items still exist as of the date of the Final Inspection, Subcontractor shall correct such items immediately. General Contractor may also have such work completed to its satisfaction by a different subcontractor at the expense of Subcontractor. This option of the Final Inspection shall not be deemed an obligation of General Contractor to so inspect and approve of the Work. The election or failure by General Contractor to not inspect or specifically approve the Work shall not release Subcontractor of any obligations and requirements set forth in this Agreement. This section shall survive completion of the Work and/or termination of this Agreement.

E. Upon final completion of the Work and acceptance of the Work by the General Contractor as to each Residence, Subcontractor may request the final payment (“Final Payment”) of the remaining portion of the Contract Price pursuant to the Draw Schedule due under this Agreement as to such Residence, subject to any offsets or adjustments provided for herein. In the event of a dispute between General Contractor and

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Subcontractor, General Contractor may withhold any payments otherwise due Subcontractor for Work, which are the subject of the dispute.

F. Subcontractor shall pay, when due, its sub-subcontractors with regard to the Work, and for all materials installed in a Residence per the terms of this Agreement. To the extent permitted by law, General Contractor shall have the right, but not the obligation, at any time and without notice to Subcontractor, to make payments due sub-subcontractor directly to sub-subcontractor or to pay such amounts to Subcontractor and one or more of its sub-subcontractors by joint check(s).

G. Notwithstanding any provision in this Agreement to the contrary, payment, including Final Payment, made under this Agreement and/or acceptance of the Work (or any portion thereof) shall in no event be deemed as conclusive evidence of the complete or satisfactory performance of the Work, either in whole or in part, nor shall it release Subcontractor from its obligations under this Agreement, including the obligation to promptly repair any punch list items or items under warranty. Further, payment by General Contractor shall not be construed to be an acceptance of Subcontractor’s defective Work, if any.

H. Acceptance of the Final Payment by Subcontractor shall be a waiver and release of all claims against General Contractor arising out of or in connection with this Agreement, any attachments, addendums, or amendments thereto. Subcontractor shall not be entitled to any payment for any Work not performed or any materials or equipment not furnished, even if specified for payment in the Contract Price or Draw Schedule.

I. Notwithstanding anything contained in this Agreement to the contrary, the sums due Subcontractor under this Agreement shall not include, and General Contractor may withhold, (1) such amounts as General Contractor deems necessary to ensure Subcontractor’s performance under this Agreement or to protect itself against (i) un-remedied defective Work, (ii) uncompleted punch list items, (iii) claims or liens filed (or likely to be filed) arising from the Work, (iv) Subcontractor’s failure to make payment in full for Subcontractor Labor, Tools and Materials, (v) Subcontractor’s inability to complete the Work for the remaining balance of the Contract Price, or (vi) any other liability or damage, including costs and attorneys’ fees, arising from or relating to this Agreement or Subcontractor’s performance or non-performance of the Work; and (2) any other amounts as may be permitted by law.

13. Lien Waivers and Documents. Prior to any Payment to Subcontractor, Subcontractor shall furnish proof of payment for all Subcontractor Labor, Tools and Materials and shall keep accurate records of same. If any claim of lien is filed against any portion of a Job Site or Residence, immediately upon demand by General Contractor, Subcontractor shall cause the lien to be released of record. Alternatively, at the election of General Contractor, Subcontractor may furnish a lien release bond or other similar bond to discharge such lien and also indemnify General Contractor against such lien. Any such bond shall comply with the requirements of the applicable state law. The release of the lien, or the furnishing of a release bond with the indemnification of General Contractor, shall be a condition precedent to the entitlement of Subcontractor to any Final Payment under this Agreement. Under no circumstances shall General Contractor be obligated to make Final Payment to Subcontractor until lien waivers or full releases of liens have been received by General Contractor from Subcontractor and/or all persons or entities claiming such lien(s). General Contractor may use any amounts otherwise due to Subcontractor to furnish any lien release bond, or similar bond, to protect General Contractor or owner of the Residence and/or satisfy lien claims or outstanding indebtedness of Subcontractor to its sub-subcontractors and material suppliers.

14. Non-Exclusivity. Subcontractor acknowledges that this Agreement does not grant exclusive rights to perform work for General Contractor or in any way guarantee Subcontractor a minimum, or any volume or quantity of work, except as provided in this Agreement.

15. Default and Termination

A. Subcontractor understands and acknowledges that (i) any failure by Subcontractor to complete the Work with respect to any Residence in accordance with the applicable Plans and Specifications and applicable laws and regulations; (ii) to meet the applicable Project Schedule; or (iii) comply with any provision of this Agreement, may delay or otherwise adversely affect General Contractor’s performance of duties owed to the owner or occupier of the Residence or Job Site, or the entity engaging the services of General Contractor for the repair,

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remodel, or improvement of the Residence or Job Site. Such requirements owed by General Contractor in other contracts (“General Contractor Agreements”) are hereby acknowledged and incorporated into this Agreement by reference. Subcontractor may obtain copies of such General Contractor Agreements, subject to redaction of any confidential, trade secret, or protected information.

B. In the event that Subcontractor falls behind a Project Schedule, fails to commence Work in accordance with the terms of this Agreement, damages the work of others, provides defective Work, or fails to comply with any other condition, requirement or obligation contained in this Agreement (each a “Default”), General Contractor may in its discretion, immediately terminate this Agreement. Alternatively, General Contractor may issue a notice of default to Subcontractor (“Notice of Default”). Within 48 hours of receipt of a Notice of Default, Subcontractor shall commence remediation, and correct the Default(s) listed in the Notice of Default to the satisfaction of General Contractor. If Subcontractor fails to commence remediation within 48 hours upon receipt of the Notice of Default, or fails to perform the Work in accordance with the terms of this Agreement, General Contractor may immediately terminate this Agreement without further notice to Subcontractor. Any such termination under this Agreement may relate either to Work being performed by Subcontractor on a specific Residence or to all Work being performed by Subcontractor pursuant to this Agreement, and any attachments, addendums, or amendments thereto.

C. In addition to the termination right contained in subsection (B) above, if Subcontractor fails to perform any of its obligations under this Agreement, General Contractor shall have the right to perform such obligations on behalf of Subcontractor by providing Subcontractor with two (2) business days’ prior notice of General Contractor’s intent to do so. In the event of an emergency, or in order to avoid interruptions in the Project Schedule, General Contractor shall only be obligated to provide shorty notice as is reasonable under the circumstances. Subcontractor shall be liable to the General Contractor for all costs and expenses incurred by General Contractor in carrying out the obligations of Subcontractor, plus General Contractor’s administrative overhead costs in performing such Work. General Contractor shall have the right to offset all such sums against any payments then or thereafter due to Subcontractor under this Agreement or any other contract with Subcontractor.

D. Except as otherwise provided in this Agreement, if General Contractor fails to pay undisputed sums due Subcontractor as provided for in this Agreement, or materially breaches its obligations herein, Subcontractor must provide General Contractor written notice of such non-payment or breach and allow seven (7) days for General Contractor to remedy such alleged breach or non-performance. After seven (7) days following such notice, if General Contractor fails to remedy, Subcontractor may terminate this Agreement.

E. If Subcontractor files a petition in bankruptcy, reorganization, receivership, or similar creditor-type release proceeding, write of attachment, garnishment, or levy is filed or threatened against Subcontractor, General Contractor shall have the right to immediately terminate this Agreement without notice to Subcontractor if allowed under applicable state or federal law.

F. Subcontractor and General Contractor shall each have the right to terminate this Agreement without cause upon three (3) days written notice to the other party, although Subcontractor may not terminate this Agreement pursuant to this Section if a Start Order has been issued. Any such termination under this Section shall, at the General Contractor’s election, relate either to Work being performed by Subcontractor on a specific Residence or Job Site, or to all Work being performed by Subcontractor pursuant to this Agreement. In the event of such termination without cause by General Contractor, Subcontractor’s recovery against General Contractor shall be limited to the value of the Work through the date of termination, as specifically provided in the applicable Draw Schedule, subject to any adjustment or offsets provided for in this Agreement. In no event shall Subcontractor be entitled to any further recovery against General Contractor, including, but not limited to, any anticipated profit on Work not performed.

16. Cross Default. Notwithstanding any other provision herein, in the event that Subcontractor defaults or breaches any other contract or agreement between General Contractor and Subcontractor such defaultor breach shall be deemed to be a Default under this Agreement. In addition, a breach or a default under this Agreement may be deemed, in the discretion of General Contractor, a breach or default of any agreement between General Contractor and Subcontractor. In addition to the remedies provided in this Agreement, General Contractor shall have the

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right to set off and deduct any damages or costs incurred by General Contractor (including General Contractor’s overhead) arising from or in any manner related to such default or breach against and from any amounts due to Subcontractor provided in this Agreement. However, such set off or deduction by General Contractor shall in no event relieve Subcontractor of its obligation to pay in full all of its laborers, suppliers, materialmen and sub- subcontractors, and otherwise comply with all other provisions of this Agreement.

17. Safety and Compliance with Governmental Regulations

A. General Contractor is relying upon Subcontractor’s experience with and understanding of workplace safety and health standards and all other Regulation (as hereafter defined) pertaining to the Work. Subcontractor shall take all reasonably safety precautions with respect to the Work, shall comply with all safety rules with respect to the Work, and shall comply with all reasonable safety measures suggested by third parties, including General Contractor.

B. Subcontractor agrees that it is familiar with all applicable ordinances, statutes, building codes, orders and regulations in effect with respect to the Work, including, without limitation, all regulations and statutory requirements imposed by the U.S. Occupational Health and Safety Administration (“OSHA”) and the U.S. Environmental Protection Agency (the “EPA”) and any comparable state agency having jurisdiction over the Work and the Job Site. All such statutes, ordinances, building codes, orders and regulations, of whatever sort or nature, are referred to herein collectively as the “Regulations”.

C. Subcontractor shall observe and follow and shall ensure that its sub-subcontractors, employees and agents observe and follow all such Regulations, in their present form, or as subsequently amended, in the performance of the Work. Subcontractor shall implement immediate corrective action in the event Subcontractor learns that it or any of its employees, agents or sub-subcontractors are not complying with all Regulations, or in the event Subcontractor learns or observes that any other person, firm or entity working at the Job Site, who is not complying with applicable Regulations. Subcontractor will immediately advise General Contractor of any such condition of non-compliance, whether by Subcontractor or other person, firm or entity.

D. Subcontractor understands that substantial fines or other damages (including, without limitation, government penalties, and/or the delay or cessation of work at the Job Site) may be imposed in the event all Regulations are not complied with fully and completely. Without limiting the indemnification provisions of this Agreement, Subcontractor hereby fully indemnifies and agrees to hold General Contractor harmless from any loss, claim, liability, or expense (including, without limitation, attorneys’ fees, court costs, government penalties, and damages attributable to the delay or cessation of work) arising out of, related to, or caused by the Subcontractor’s breach (or that of its agents, sub-subcontractors or employees) of any warranty, representation, or agreement set forth in this Section, including, without limitation, Subcontractor’s failure to comply with all Regulations in all aspects of the Work and/or the Subcontractor’s failure to immediately correct and report to the General Contractor a violation of Regulations by any person or entity working at the Jobs Site. This indemnity shall apply regardless of (i) General Contractor’s role with respect to the breach; (ii) General Contractor’s knowledge of the breach; or (iii) whether General Contractor is cited by OSHA or any comparable state agency, or legal action is brought against General Contractor by any third party, with respect to the breach.

E. Subcontractor shall be solely responsible for developing and administering its own health and safety program, including a written safety program, and shall be responsible for ensuring that any workplace hazards relating to the Work are corrected immediately through measures implemented by Subcontractor. Subcontractor shall provide instructions on safe work practices, conditions and procedures to its employees, sub-subcontractors and agents.

F. Subcontractor shall communicate to its employees and to other third parties, including government representatives that it is solely responsible for compliance with safety and health standards and all other Regulations relating to the Work. As necessary, Subcontractor shall demonstrate its awareness of safety and health requirements and compliance with the Regulations to any third party, including representatives, health

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and safety consultants, and other subcontractors. Subcontractor shall also be responsible for taking all reasonable safety precautions with respect to the Work in order to ensure the safety of visitors to the Job Site.

G. Subcontractor shall report to General Contractor any injury to Subcontractor’s employees, agents or sub- subcontractors at a Job Site.

H. Prior to the commencement of the Work, Subcontractor shall provide General Contractor with a copy of its Subcontractor’s license and occupational license.

I. Subcontractor acknowledges General Contractor’s reliance on the representations, warranties and agreements and the indemnification provisions set forth in this Agreement and that the provisions of this Section specifically are a material inducement in the award of this Agreement to the Subcontractor and General Contractor’s continued engagement of Subcontractor pursuant to this Agreement.

18. Indemnification. To the fullest extent permitted by law, Subcontractor agrees to indemnify, defend and hold harmless General Contractor, and each of its shareholders, members, subsidiaries, affiliates, officers, directors, agents, employees, representatives and invitees from all claims, demands, suits, actions, liens liability, losses, expenses, damages or injuries of any kind or nature whatsoever (including all expenses of litigation, court costs, and reasonable attorneys’ fees and costs) caused in whole or in part by any act, omission, or negligence of Subcontractor, its sub-subcontractors, employees, agents, suppliers, servants or any other person directly or indirectly controlled, employed or engaged by Subcontractor, regardless of whether such act, omission or negligence occurs in connection with the Work or is within the scope of any of their duties under this Agreement (collectively “Claims”). “Claims” shall also specifically include, but are not limited to, the following:

A. Claims of alleged or actual infringement of patents or patent rights arising from this Agreement;

B. Claims of injuries to property to persons not caused by the acts of the General Contractor;

C. Claims of lien by laborers, suppliers, material men or subcontractors who have performed labor or work or supplied materials on behalf of Subcontractor;

D. Claims arising from a breach of this Agreement by Subcontractor; and

E. Claims for any expense or liability incurred under employment compensation, workmen’s compensation laws, employment security, social security laws or any other employment related laws in connection with employees of Subcontractor.

Subcontractor’s indemnification obligations hereunder shall not be limited or diminished by the existence of any Insurance Policies obtained and maintained by Subcontractor in accordance with this Agreement. Subcontractor further acknowledges that these indemnification provisions are a significant part of the inducement for General Contractor to enter into and continue Subcontractor’s engagement under this Agreement. Subcontractor’s indemnification obligations hereunder shall survive the termination of this Agreement and any transfer(s) of title of a Residence(s) to a third party. IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNIFTY SET FORTH IN THIS SECTION IS, TO THE FULLEST EXTENT PERMITTED BY LAW, AN INDEMNITY PROVIDED BY SUBCONTRACTOR TO INDEMNIFY AND PROTECT GENERAL CONTRACTOR FROM THE CONSEQUENCES OF GENERAL CONTRACTOR’S OWN NEGLIGENCE, REGARDLESS OF WHETHER ANY SUCH NEGLIGENCE IS A CONTRIBUTORY CAUSE OF THE RESULTANT INJURY, DEATH OR DAMAGE, AND NOTWITHSTANDING ANY KNOWLEDGE GENERAL COTNRACTOR, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES MAY POSSESS WITH REGARD TO ANY RISK RELATED TO THE WORK OR THE JOB SITE. SUBCONTRACTOR’S OBLIGATIONS PURSUANT TO THIS SECTION ARE INDEPENDENT OF ANY OTHER PROVISIONS OF THIS AGREEMENT AND SHALL NOT BE DEPENDENT UPON, OR AFFECTED BY, THE AVAILABILITY OF INSURANCE COVERAGE PURSUANT TO ANY OTHER PROVISIONS OR SECTIONS OF THIS AGREEMENT.

19. Mandatory Arbitration. As the sole and exclusive jurisdiction and venue for disputes, all claims, demands, disputes, controversies, differences, and liabilities arising from the interpretation or enforcement of this

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Agreement between the parties, and their successors and assigns, shall be submitted to binding arbitration to a single arbitrator in the county in which the Job Site is located, and shall be fully and finally settled with the single arbitrator in accordance with these provisions:

A. Either party, or its respective successors and assigns, may by written notice to the other, deliver to the other party a sword “Demand for Arbitration” which shall include (i) a specific statement of the controversy to be resolved, and (ii) the designation of three potential arbitrators, each with not less than 15 years of active practice of construction law.

i. The responding party shall deliver a written response to the Notice of Arbitration within twenty (20) days after receipt, stating under oath (i) its response to the allegations raised in the Demand for Arbitration, and (ii) selecting one of the three listed persons to serve as the Arbitrator. If a timely response is not filed by the responding party, then the first person named on the list shall be the Arbitrator. If none of the three are able to serve as Arbitrator, then the party which originally demanded arbitration shall submit another list to the responding party for selection. Only if this process fails, then the parties may apply to the Presiding Judge of the appropriate County Superior Court for appointment of an impartial arbitrator.

ii. The Arbitrator shall promptly set a date for arbitration to occur within thirty (30) days after the Arbitrator’s appointment. At the Arbitration the laws of the State in which the Work was performed, and where the Job Site is located, shall govern and, unless otherwise provided in this Agreement, then the Rules for Arbitration of the County Court shall govern. The Arbitrator need not follow strict laws of evidence and shall be entitled to consider all facts and opinions, which he deems relevant for a fair and equitable resolution of the dispute. However, discovery procedures may be authorized by the Arbitrator.

iii. Depositions of not more than a total of four witnesses and/or parties and not more than 50 written interrogatories shall be allowed to each side as a matter of right. The Arbitrator, in his discretion, may allow additional discovery only upon a showing of good cause. The parties shall exchange all documents and/or other items to be used as evidence at the hearing no later than ten working days prior to the hearing.

iv. The party requesting arbitration shall present first at the Arbitration, and shall have not more than two hours to present its case. The responding party shall have not more than two hours to present its case. The initiating party shall have 30 minutes of rebuttal and the Arbitrator may, in his discretion, allow a response from the responding party not to exceed 30 minutes. Thereafter, each party shall be given twenty minutes for a summation in their order of appearance. The presentations may include affidavits, summaries of testimony and any other form of proof acceptable to the Arbitrator.

v. Thereafter, the Arbitrator shall render a written “Award” specifying the basis for his decision and resolving the questions raised in the Demand for Arbitration and/or in the Response within five (5) business days and shall include a provision for payment of costs and expenses incurred in the Arbitration (excluding the Arbitrator’s fee), which may, at the discretion of the Arbitration be required to be paid by the losing party.

vi. The Award of the Arbitrator shall be binding on the parties. Either party may appeal the Award to the Court of the state in which the Arbitration occurred, and which the Job Site is located, but only under the following limited circumstances: (i) material and detrimental noncompliance with these Arbitration provisions, (ii) for exceeding the scope of this Agreement to arbitrate, (iii) gross disregard of applicable substantive law directly bearing on the outcome, and which error results in a wrongful loss to a party in excess of $25,000 (excluding legal fees), (iii) clearly demonstrable bias or partiality on the part of the Arbitrator, or (iv) fraud.

vii. The expenses of the Arbitrator shall be borne equally by the parties. The cost of a transcript or recording shall be paid by any party requesting it.

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20. Waiver of Jury Trial. In the event the arbitration agreement contained in this Agreement is deemed by the applicable court of competent jurisdiction to be unenforceable to any extent or for any reason, then GENERAL CONTRACTOR AND SUBCONTRACTOR HEREBY WAIVE ANY RIGHT EITHER PARTY MAY HAVE TO A TRIAL BY JURY IN ANY SUIT, ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE PERFORMANCE OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS, WHETHER VERBAL OR WRITTEN, OR ACTIONS OF ANY PARTY HERETO.

21. Attorneys’ Fees. If either party to this Agreement commences Arbitration or other action or proceeding against another party hereto, in accordance with the terms of this Agreement, the prevailing party in any such action or proceeding may, in the presiding Arbitrator, Judge or officials discretion, be entitled to recover all costs incurred in connection therewith, including, but not limited to, reasonable attorneys’ fees and expenses, other than any arbitration fees incurred, which shall be shared by the parties as set forth in this Agreement.

22. Third Party Claims. Notwithstanding the Arbitration provisions of this Agreement, if a third party institutes a lawsuit against General Contractor and General Contractor seeks to join Subcontractor as a party to such legal proceeding, then Subcontractor agrees that, if otherwise legally appropriate, Subcontractor may be joined in such legal proceeding. The General Contractor and the Subcontractor also specifically agree that to the extent that this Section regarding third-party claims is held to invalidate or make unenforceable the provisions Arbitration agreement contained in this Agreement, then this provision shall be deemed deleted and the remainder of this Agreement shall be construed to be in full force and effect.

23. Title to Work and Plans and Specifications.

A. All Work furnished, fabricated or delivered to a Residence or a Job Site, and all materials, fixtures or equipment installed in a Residence shall be free and clear of any claims, liens or encumbrances. Immediately upon performance of any part of the Work by Subcontractor under this Agreement, title to such Work shall vest in General Contractor or the owner of the Residence, as determined by General Contractor, and Subcontractor warrants that such title shall be free of any claims, liens or encumbrances, except to the extent that payment for such Work is due under this Agreement.

B. All Plans and Specifications provided to Subcontractor by General Contractor pursuant to this Agreement are the exclusive property of General Contractor and are not to be used by Subcontractor or given or assigned by Subcontractor to others for any purpose not specifically agreed to in writing by General Contractor. All copies of the Plans and Specifications shall be returned to General Contractor upon its request.

24. Governing Law; Venue. This Agreement shall be governed by the laws of the state in which Job Site is located.

25. Survival. All covenants, agreements, representations, and warranties made herein or otherwise made by Subcontractor pursuant to this Agreement, shall survive the expiration or termination of this Agreement and the sale or transfer of the Residence by General Contractor to any third party.

26. Notices. Any and all notices required or permitted under this Agreement shall be given in writing and telecopied (with confirmation of transmission), personally delivered, or sent by registered, certified or overnight mail (return receipt requested with postage prepaid) to the addresses set forth in this Agreement. Any such notice or communication shall be deemed to have been given as of the date of receipt if sent by telecopier, as of the date of delivery if hand delivered or couriered by overnight mail, or as of three (3) days after the date of mailing if deposited in the U.S. mail.

27. Additional Provisions; Schedules and Addenda. The following schedules are attached hereto and hereby incorporated by reference herein:

A. Schedule “A” (Insurance Requirements)

B. Schedule “B” (Non-Disclosure/Non-Competition Agreement)

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In addition to the foregoing, the following attached addenda (if any) are attached hereto and hereby incorporated by reference herein:

Addendum “1”

Addendum “2”

Addendum “3”

(All of the foregoing schedules and addenda being hereafter collectively referred to as the “Schedules”).

Subcontractor hereby acknowledges that the Schedules contain additional terms and conditions that constitute part of this Agreement and that must be complied with by Subcontractor in the performance of its obligations under this Agreement.

28. Entire Contract; Waiver and Amendment. The Contract Documents constitute the entire agreement between General Contractor and Subcontractor. There are no additional agreements of any kind between the parties with respect to the subject matter hereof. No waiver, amendment, modification or release of any term or provision of this Agreement shall be deemed to have been given or made unless expressly set forth in a written document signed by each of the parties.

29. Negotiations. This Agreement represents the result of bargaining and negotiations between the parties hereto. Consequently, General Contractor and Subcontractor expressly waive and disclaim, in connection with the interpretation of this Agreement, any rule of law requiring that ambiguous or conflicting terms be construed against the party whose attorney prepared this Agreement or any earlier draft of this Agreement.

30. Severability. If any term or provision of this Agreement or the application thereof to any party is held by an appropriate judicial authority to be invalid, illegal or unenforceable in any respect, such term or provision shall be given its nearest legal meaning or shall be deleted as such authority determines, and the remainder of this Agreement shall remain in full force and effect.

(Remainder of page left blank. Signature page to follow)

General Contractor Initials: _____ Subcontractor Initials: aw _____ Page 14 Received 9/19/2024 ROC Legal

IN WITNESS WHEREOF, General Contractor and Subcontractor have caused this Agreement to be executed as of the date first written above by their respective duly authorized officers.

GENERAL CONTRACTOR: SUBCONTRACTOR:

Kitchen and Bath Remodeling LLC,

By: ________________________________________ By: ________________________________________ President Its: ________________________________________ Its: ________________________________________ (Title) (Title)

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SCHEDULE A

INSURANCE REQUIREMENTS

Requirements Applicable to All Insurance Coverage

 All coverage must be provided by insurance companies, licensed and authorized to do business in the respective jurisdiction, with a minimum A.M. Best and Company Rating and Financial Size Category of A- VII or better:

Exception – State WC Funds or Privatized Funds (Texas Mutual, Pinnacol Assurance) are acceptable.

 All policies must be endorsed to reflect 30-day advance notice of cancellation or material change, except for non- payment (10-day notice).

Workers Compensation Requirements

 Minimum Limits of Liability – Workers Compensation – Statutory limits Employers Liability - $1,000,000 BI Each Accident $1,000,000 BI Disease Policy Limit $1,000,000 Disease Each Employee  Mandatory Endorsements  Waiver of Our Rights to Recover from Others (or equivalent) in favor of General Contractor

Automobile Liability Requirements

 Minimum Limits of Liability – $1,000,000 Combined Single Limit

 Mandatory Coverage  Any Owned, Hired and Non-Owned Vehicles  Additional Insureds status in favor of General Contractor and Project owners

General Liability Requirements

 Minimum Limits of Liability: $2,000,000 General Aggregate – Per Project Basis $2,000,000 Products & Completed Operations Aggregate $1,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $ 50,000 Fire Damage $ 5,000 Medical Expense  Mandatory Coverages:  General Contractor is to be names as additional insured on an ongoing basis (CG-2010 04/13) and completed operations basis (CG-2037 04/13)  Coverage must be on a primary and noncontributory basis  Waiver of Transfer of Rights to Recovery from Others in favor of General Contractor  Per Project Aggregate  Underground, Explosion and Collapse (XCU) (Exclusive to trades with trenching or excavation activities).  The policy cannot contain any residential, commercial or multi-family construction exclusions or limitations.

Please attach a copy of the additional insured endorsement to the certificate. If actual endorsement is not available, provide a copy of the exact endorsement form that will be used.

General Contractor Initials: _____ Subcontractor Initials: aw _____ Page 16 Received 9/19/2024 ROC Legal

SCHEDULE B

NON-DISCLOSURE/NON-COMPETITION AGREEMENT

This Agreement (“Agreement”) is executed effective as of ____________________, January 24 between KITCHEN AND 202__, BATH REMODELING LLC, an Arizona limited liability company (referred to as “General Contractor” and _____________________ Infinite Energies LLKC (“Independent Sub-Contractor”), who agree as follows:

RECITALS

This Agreement is made with reference to the following recitals of fact, which recitals constitute an integral part of this Agreement:

1. Independent Sub-Contractor has entered into a Master Agreement with the General Contractor, which is incorporated by this reference (hereinafter “Master Agreement”); and

2. Kitchen and Bath Remodeling LLC, an Arizona limited liability company was formed for the purpose of servicing customers with construction projected located in numerous states throughout the United States.

NOW, THEREFORE, in consideration of foregoing recitals which are incorporated herein by this reference, after the date hereof, the parties hereto agree as Follows:

1. Binding Authority. Neither General Contractor nor Independent Sub-Contractor shall have any authority to bind the other in any respect.

2. Confidential Information

2.1. Confidential information shall mean any confidential or non-public information of any kind, nature, or description, concerning or arising from any matters affecting or relating to the business of General Contractor, including, without limiting the generality of the foregoing, the following:

2.1.1. All intellectual property, including, without limitation, all trademarks, trademark registrations and applications, service marks, copyrights, patents, trade secrets, proprietary marketing information and know-how, product designs, formulae, processes, and techniques, and confidential development or research work of General Contractor;

2.1.2. Information concerning the manner and details of General Contractor’s operation, organization and management, including without limitation the names of its personnel, the details of its financial affairs, credit reports, sales records, and the prices the General Contractor obtains or has obtained or at which it sells or has sold its services or products;

2.1.3. Names of, or any other information pertaining to, any of General Contractor’s customers or persons or concerns likely to become customers of General Contractor, or of any past, present or future supply resources, distributors, Sub-Contractors, and vendors of General Contractor, and the terms of which General Contractor deals with such entities;

2.1.4. Marketing, sales, product development, financing, engineering, or other business plans or strategies;

2.1.5. Non-public forms, contracts and other documents used in General Contractor’s business;

2.1.6. Computer software developed or used by the General Contractor, including all rights under licenses and other contracts relating thereto, and all source code and all documents related thereto;

2.1.7. Any other information of, about or concerning the business of the General Contractor, its manner of operation, plans or other data of any kind, nature or description, if such other information is considered

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and treated as confidential information and/or if such information gives to the General Contractor an opportunity to obtain an advantage over its competitors who do not know or use it.

2.2. Independent Sub-Contractor acknowledges that it will have access to Confidential Information (as defined above), all of which shall be made accessible to Independent Sub-Contractor only in strict confidence; that unauthorized disclosure of Confidential Information will damage General Contractor’s business; that Confidential Information would be susceptible to immediate competitive application by a competitor of General Contractor; that General Contractor’s business is substantially dependent on access to and the continuing secrecy of Confidential Information; that Confidential Information is unique to General Contractor and known only to Independent Sub-Contractor, General Contractor, and certain key Independent Sub-Contractors and Sub-Contractors of General Contractor; and that title, ownership, possession and control of Confidential Information shall at all times remain vested in General Contractor. Consequently, Independent Sub-Contractor acknowledges that the restrictions contained in this Section are reasonable and necessary for the protection of General Contractor’s business.

2.3. Independent Sub-Contractor shall use its best efforts and the utmost diligence to guard and protect Confidential Information and to treat such information as confidential and prevent its improper disclosure or use. Independent Sub-Contractor further agrees to observe and obey any instructions and directions of General Contractor with respect to Confidential Information, including without limitation any stated restrictions on removing Confidential Information from General Contractor’s premises, any established sign-in and -out procedures for Confidential Information, any directions for secure destruction of Confidential Information, and any other instructions or directions that General Contractor, in its sole discretion, may issue for the protection of Confidential Information.

2.4. Except in connection with and in furtherance of Independent Sub-Contractor’s official duties with and on behalf of General Contractor, Independent Sub-Contractor shall not at any time use, copy, divulge, transmit, convey, furnish, disclose or otherwise communicate the Confidential Information (as defined above) to any person or entity, directly or indirectly, without General Contractor’s prior written consent.

3. Ownership of Intellectual Property.

3.1. Independent Sub-Contractor shall promptly disclose in writing to General Contractor complete and accurate information concerning each and every invention, discovery, idea, improvement, device, concept, design, apparatus, practice, process, trademark or service mark, marketing or business idea, software or computer program or code, method or product, whether or not patentable or copyrightable, made, developed, perfected, devised, conceived or first reduced to practice by Independent Sub-Contractor, either solely or in collaboration with others, during Independent Sub-Contractor’s Master Agreement, whether or not during regular work hours, and which: (i) relates to the actual or contemplated business, technologies or products of General Contractor; (ii) results from any work performed by Independent Sub-Contractor for General Contractor; (iii) involves the use of; or is created with, General Contractor’s equipment, supplies, facilities, or Confidential Information; (iv) results from or is suggested by any work done at General Contractor’s request or by any subcontractor other than Independent Sub-Contractor, or relates to any work assigned to Independent Sub-Contractor by General Contractor; or (v) results from Independent Sub-Contractor’s access to any of General Contractor’s Confidential Information or other General Contractor-related information (hereafter referred to as the “Inventions”).

3.2. Independent Sub-Contractor hereby acknowledges that all right, title, and interest in and to the Inventions shall become and remain the sole and exclusive property of General Contractor. Independent Sub- Contractor hereby assigns to General Contractor any and all of Independent Sub-Contractor’s right, title and interest in and to any and all of the Inventions, without further payment or other form of consideration. Independent Sub-Contractor agrees to take all actions reasonably necessary, including execution and delivery of such applications, assignments, and other instruments and documents as General Contractor shall reasonably request, to establish, perfect, exercise, confirm or protect rights assigned or deemed assigned to General Contractor pursuant to this Section.

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3.3. Independent Sub-Contractor acknowledges that all original works of authorship which are made by Independent Sub-Contractor (solely or jointly with others) within the scope of its Master Agreement with General Contractor, and which are protectable-by copyright, are “works made for hire”, as that term is defined in the United States Copyright Act (17 U.S.C. § 101). To the extent that any such works, by operation of law, cannot be “works made for hire”, Independent Sub-Contractor hereby assigns to General Contractor all right, title and interest in and to such works and to any related copyrights.

3.4. Upon the request of General Contractor and without further compensation therefore, whether during the term of Independent Sub-Contractor’s employment or thereafter, Independent Sub-Contractor shall perform all lawful acts, including, but not limited to, the execution of papers and lawful oaths and the giving testimony, that in the opinion of General Contractor, its successors and assigns, may be necessary or desirable in obtaining, sustaining, reissuing, extending and enforcing Unites States and foreign Letters Patents, including, but not limited to, design patents, on any and all of the inventions, and for perfecting, affirming and recording General Contractor’s complete ownership and title thereto.

3.5. Independent Sub-Contractor shall keep complete, accurate and authenticate accounts, notes, data and records of all of the Inventions in the manner and form requested by General Contractor. Such accounts, notes, data and records relating to the Inventions shall be the exclusive property of General Contractor, and, upon its request, Independent Sub-Contractor shall promptly surrender the same to it or, if not previously surrendered upon General Contractor’s request or otherwise, Independent Sub-Contractor shall surrender the same, and all copies thereof, to General Contractor upon the conclusion of his or her employment.

4. Competition.

4.1. The parties recognize that the services to be rendered under this Agreement by Independent Sub-Contractor are special, unique and of an extraordinary character. The parties further acknowledge that in the course of Independent Sub-Contractor’s performance of their duties hereunder, Independent Sub-Contractor will have access to certain confidential information, which is valuable and necessary to General Contractor in the conduct of its business and its goodwill. Independent Sub-Contractor, in consideration of the compensation to be paid to them pursuant to the Master Agreement and the other promises of General Contractor made herein, expressly promises as follows, which promises shall survive and continue after termination or expiration of the Master Agreement. Moreover, the terms of this Section are a material inducement to General Contractor in continuing to employ Independent Sub-Contractor. The terms of this Section 4 shall extend to any successor General Contractor and any other successors of the General Contractor that have the same legitimately protectable interest as the General Contractor.

4.2. During the term of this Agreement and for one year following the termination of this Agreement, within any state that General Contractor makes revenue or performs work, Independent Sub-Contractor will not, directly or indirectly, solicit or canvas business in competition with General Contractor’s business, from any entity who was a customer of General Contractor (or any of its affiliates or subsidiaries) during Independent Sub-Contractor’s Master Agreement with General Contractor. General Contractor may prepare a separate list of customers for Independent Sub-Contractor to acknowledge.

5. Injunctive Relief. General Contractor and Independent Sub-Contractor hereby acknowledge (a) the unique nature of the provisions set forth in this Agreement entitled “Confidential Information”, “Ownership of Intellectual Property”, and “Competition”; (b) that General Contractor will suffer irreparable harm if Independent Sub-Contractor breaches any of such provisions; and (c) that monetary damages will be inadequate to compensate General Contractor for such breach. Therefore, if Independent Sub-Contractor breaches any of such provision, then General Contractor shall be entitled to injunctive relief (in addition to any other remedies at law or equity) to enforce such provisions.

6. Monetary Damages. General Contractor and Independent Sub-Contractor agree that it is difficult to calculate the actual damages suffered by General Contractor if Independent Sub-Contractor violates the non-competition provision of this Agreement. The parties agree that a fair value of damages is twenty-five percent (25%) of the gross value of the contractor for services and/or materials which fall under the non-competition provision.

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7. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State in which the work is performed, irrespective of any contrary choice-of-law provisions.

8. Further Assurances. Each party to this Agreement shall execute and deliver all instruments and documents and take all actions as may be reasonably required or appropriate to carry out the purposes of this Agreement.

9. Venue and Jurisdiction. All actions and proceedings arising in connection with this Agreement must be tried and litigated exclusively in the State and Federal courts located in the state in which the work was performed, which courts have personal jurisdiction and venue over each of the parties of the Agreement for the purpose of adjudicating all matters arising out of or related to this Agreement. Each party authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this Section by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices set forth in this Agreement.

10. Counterparts and Exhibits. This Agreement may be executed in counterparts, each of which is deemed an original and all of which together constitute one document. All exhibits attached to and referenced in this Agreement are incorporated in this Agreement.

11. Time of Essence. Time and strict and punctual performance are of the essence with respect to each provision of this Agreement.

12. Attorneys’ Fees. The prevailing party in any litigation, arbitration, mediation, bankruptcy, insolvency or other proceeding (“Proceeding”) relating to the enforcement or interpretation of this Agreement may recover from the unsuccessful party all costs, expenses, and actual attorney’s fees (including expert witness and other consultant’s fees and costs) relating to or arising out of (a) the Proceeding (whether or not the Proceeding proceeds to judgment), and (b) any post-judgment or post award proceeding including, without limitation, one to enforce or collect any judgment or award resulting from the Proceeding. All such judgments and awards shall contain a specific provision for the recovery of all such subsequently incurred costs, expenses, and actual attorney’s fees.

13. Modification. This Agreement may be modified only by a contract in writing executed by the party to this Agreement against whom enforcement of the modification is sought.

14. Headings. The Section headings in this Agreement: (a) are included only for convenience, (b) do not in any manner modify or limit any of the provisions of this Agreement, and (c) may not be used in the interpretation of this Agreement.

15. Prior Understanding. This Agreement and all documents specifically referred to and executed in connection with this Agreement: (a) contain the entire and final agreement of the parties to this Agreement with respect to the subject matter of this Agreement, and (b) supersede all negotiations, stipulations, understandings, agreements, representations and warranties, if any, with respect to such subject matter, which precede or accompany the execution of this Agreement.

16. Interpretation. Whenever the context so requires in this Agreement, all words used in the singular may include the plural (and vice versa) and the word “person” includes a natural person, a corporation, a Firm, a partnership, a joint venture, a trust, an estate or any other entity, the terms “includes” and “including” do not imply any limitation. No remedy or election under this Agreement is exclusive, but rather, to the extent permitted by applicable law, each such remedy and election is cumulative with all other remedies at law or in equity.

17. Severability & Partial Invalidity. Each provision of this Agreement is valid and enforceable to the fullest extent permitted by law. The provisions of this Agreement are independent of and separate and severable from each other. If any provision of this Agreement (or the application of such provision to any person or circumstance) is or becomes invalid or unenforceable, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, are not affected by such invalidity or unenforceability unless such provision or the application of such provision is essential to this Agreement.

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18. Notices. Each notice and other communication required or permitted to be given under this Agreement (“Notice”) must be in writing. Notice is duly given to another party upon: (a) hand delivery to the other party, (b) receipt by the other party when sent by facsimile to the address and number for such party set forth below the signatures on this Agreement (provided, however, that the Notice is not effective unless a duplicate copy of the Facsimile Notice is promptly given by one of the other methods permitted under this paragraph), (c) three business days after the Notice has been deposited with the United States postal service as first class certified mail, return receipt requested, postage prepaid, and addressed to the party as set forth below the signatures on this Agreement, or (d) the next business day after the Notice has been deposited with a reputable overnight delivery service, postage prepaid, addressed to the party as set forth below the signatures on this Agreement with the next-business-day delivery guaranteed, provided that the sending party receives a confirmation of delivery from the delivery-service- provider. Each party shall make a reasonable, good faith effort to ensure that it will accept or receive Notices to it that are given in accordance with this paragraph. A party may change its address for purposes of this paragraph by giving the other party written notice of a new address in the manner set forth above.

19. Waiver. Any waiver of a default or provision under this Agreement must be in writing. No such waiver constitutes a waiver of any other default or provision concerning the same or any other provision of this Agreement. No delay or omission by a party in the exercise of any of its rights or remedies constitutes a waiver of (or otherwise impairs) such right or remedy. A consent to or approval of an act does not waive or render unnecessary the consent to or approval of any other or subsequent act.

20. Drafting Ambiguities. Each party to this Agreement and its legal counsel have reviewed and revised this Agreement. The rule of construction that ambiguities are to be resolved against the drafting party or in favor of the party receiving a particular benefit under an agreement may not be employed in the interpretation of this Agreement or any amendment to this Agreement.

21. Third Party Beneficiaries. Nothing in this Agreement is intended to confer any rights or remedies on any person or entity other than the parties to this Agreement and their respective successors-in-interest and permitted assignees, unless such rights are expressly granted in this Agreement to another person specifically identified as a “Third Party Beneficiary”.

GENERAL CONTRACTOR: KITCHEN AND BATH REMODELING, LLC, an Arizona limited liability company

By: _________________________________________

Its: _________________________________________

Infinite Energies LLCA INDEPENDENT SUBCONTRACTOR _____________________________________________ (Company Name)

By: _________________________________________ CEO Its: _________________________________________

Address and fax number:

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SUPPLEMENTAL CONFIRMATION AND AGREEMENT

THIS SUPPLEMENTAL CONFIRMATION AND AGREEMENT (the “Agreement”) is entered into as of this 28 _____ day of _______________ January 202__, 2401 by and between KITCHEN AND BATH REMODELING, LLC (the

“General Contractor”) and the subcontractor executing this Agreement (the “Subcontractor”).

1. Recitals. 01/28/2024 1.1. General Contractor and Subcontractor have entered into the Master Agreement, dated _______________ (the “Master Agreement”), pursuant to which, among other things, Subcontractor agrees to perform certain work at the direction of General Contractor and General Contractor agrees to pay Subcontractor for that work.

1.2. The Master Agreement sets forth the documents that must be submitted in advance of payment and the time frame in which those documents must be submitted (the “Payment Prerequisites”).

1.3. The purpose of this Agreement is to reconfirm and reemphasize Subcontractor’s understanding of, and agreement to abide by, these Payment Prerequisites and to reiterate and, to the extent necessary, set forth anew Subcontractor’s agreement that it is not entitled to payment, in whole or in part, for work it performs under the Master Agreement unless it strictly complies with these Payment Prerequisites.

2. 30 Days, Period. If Subcontractor fails to submit to General Contractor all documents comprising the documentary components of the Payment Prerequisites on or before the expiration of the 30th day after the date on which work for such payment is sought is completed, Subcontractor shall not be entitled to payment for that work and shall not be paid for that work; Subcontractor does hereby agree and acknowledge that it hereby waives any right to such payments it may have under the Master Agreement, at law or in equity.

3. Miscellaneous. Time is of the essence of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. In the event any action, suit or proceeding is instituted to enforce any provision of this Agreement or seek damages for breach of this Agreement, the prevailing Party shall be entitled to recover its attorneys’ fees and costs from the Party which the court determines did not prevail. The prevailing Party shall also be entitled to pre- and post-judgment interest at the then-prevailing statutory rate.

IN WITNESS WHEREOF, General Contractor and Subcontractor have entered into this Agreement as of the day and date first above written.

GENERAL CONTRACTOR: KITCHEN AND BATH REMODELING, LLC, an Arizona limited liability company

By: _________________________________________

Its: _________________________________________

Infinite Energies LLC INDEPENDENT SUBCONTRACTOR _____________________________________________ (Company Name)

By: _________________________________________ CEO Its: _________________________________________

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WORKER’S COMPENSATION WAIVER FORM

NOTE: This form applies to owners or principals of a business who do “not” utilize employees during the course of conducting their operations. ALL corporations, limited liability companies, partnerships and sole proprietors “with” employees, should provide KITCHEN AND BATH REMODELING, LLC (“Kitchen and Bath”) a copy of their Worker’s Compensation insurance to be compliant with your state’s worker’s compensation laws.

The following is a written waiver under the compulsory Worker’s Compensation law, that provides that a business owner may waive his/her rights to Worker’s Compensation coverage benefits.

Infinite Energies LLC I am a business owner doing business as _____________________________ (name of business). I am performing work as an independent contractor without employees for Kitchen and Bath and therefore; I am not entitled to workers’ compensation benefits from the state that I am currently performing services.

I understand that if I have any employees working for me, I must maintain workers’ compensation insurance on them. Contractor further understands that in the event it becomes necessary to hire employees in the performance of conducting business with Kitchen and Bath; a workers’ compensation policy will be provided to ensure compliance with State laws. Contractors are strictly liable for any actions brought against Kitchen and Bath for non-compliance with adherence to Worker’s Compensation laws.

Infinite Energies LLC Name of Business: ______________________________________________________________ 93-1969705 [number redacted] SSN / EIN No.: ____________________________________ Telephone No.: _______________ 3705 W Greenway Rd unit 122 Address: ______________________________________________________________________ phoenix az 85053 City: ___________________________ State: _______________ Zip Code: ________________

Signature of the Owner: _____________________________________ Date: 01/28/2024 _______________ Received 9/19/2024 ROC Legal

SAFETY ACKNOWLEDGEMENT

As a basic requirement for installation with Kitchen and Bath Remodeling, all installers and subcontractors are required to wear hard hats from their vehicle to the inside of new construction. All safety equipment (i.e. kneepads, safety goggles and other as applicable) should be worn when applicable. Kitchen and Bath safety practices and awareness must be adhered to at all times.

All installers are required to attend installation meetings held at the main office and or field. Safety procedures will be further discussed in these meetings.

Should injury occur on the job, the Production Manager and or appropriate Kitchen and Bath personnel is to be notified within 24 hours (preferably immediately upon injury). Claim paperwork must be completed immediately and faxed to the corporate office for forwarding to the carriers claim office within 48 hours of injury. Once the claim is accepted as valid it must then be logged at the division.

I have read, understand and agree to the above safety standards. Infinite Energies LLC Company Name: _______________________________________________________________

Signature: ___________________________________________ Date: ___________________ 01/28/2024 Received 9/19/2024 ROC Legal

FIELD SAFETY RULES

1. No smoking in the houses.

2. Approved eye protection is required to be worn while grinding, sawing, cutting, chipping, hammering, and chiseling and while removing installed floor coverings. Eye protection is required at all other times when common sense dictates.

3. When cutting materials that create airborne dust particles you must wear approved respirator protection.

4. All equipment must meet all safety requirements.

5. Dispose of used blades immediately in a proper disposal container.

6. All electrical cords must be protected from wear and meet code requirements.

7. All generators must be equipped with Ground Fault Circuit Interrupter (GFCI).

8. Repair faulty equipment prior to arriving on the job site.

9. Do not leave open, combustible containers unattended. Close all containers when not in use.

10. Plastic gas containers cannot be more than 1 gallon. You may only have 3 one gallon plastic gas containers in your possession.

11. Report unsafe conditions to a Kitchen and Bath Remodeling Superintendent or Production Manager immediately.

12. Do not attempt to lift heavy objects alone. If you do not have help, request assistance. Always lift heavy objects with your legs, not your back.

13. When in the warehouse, always be aware of the forklift when it is in use.

14. Do not attempt to jump over ditches, go around them or use a safety ramp.

15. When walking in and out of houses that are under construction, be aware of work being done overhead and below such as open trenches.

16. Hard hats must be worn in new construction once you exit your vehicle.

17. Always park your vehicle in the designated area or on the street. Do not park in or drive through dirt lots or driveways.

18. Ensure that oversized loads in vehicles are flagged and properly secured. Received 9/19/2024 ROC Legal

19. Keep your vehicle in safe working condition.

20. Keep your work area free from clutter and debris.

21. Accidents of a work-related injury must be reported immediately to the Production Manager or appropriate Kitchen and Bath Remodeling personnel.

22. Failure to follow safe work practices may result in disciplinary action up to and including termination.

23. Each person on the jobsite shall observe safe working habits, methods and procedures at all times.

24. Must use approved ladders and/or step stools.

25. No unauthorized person(s) allowed on the job site unless covered by Subcontractors or Kitchen and Bath Remodeling Workman’s Compensation.

26. Failure to comply with all safety guidelines listed in this document and posted on jobsites will result in the following disciplinary actions

1. First offense will result in a written warning in addition to a $75 fine per individual per offense.

2. Second offense will result in $150 fine per individual per offense and immediate removal of the crew.

3. Third offense will result in contract termination.

I have read, understand and agree to the above safety standards. Infinite Energies LLC Company Name: ________________________________________________________________

Signature: _____________________________________________ Date: ___________________ 01/28/2024 Received 9/19/2024 ROC Legal

REFERENCE NUMBER A9EA8A04-DE2F-4EEC-9B11-35701765DD3D SIGN AT U R E CERT IFICAT E

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01/26/2024 15:29 EST Alan Whitworth ([email redacted]) viewed the document on Chrome Mobile iOS via iOS from 174.238.231.201. 01/26/2024 18:10 EST Alan Whitworth ([email redacted]) was emailed a reminder. 01/26/2024 20:09 EST Alan Whitworth ([email redacted]) viewed the document on Chrome Mobile iOS via iOS from 174.238.231.201. 01/28/2024 21:49 EST Alan Whitworth ([email redacted]) viewed the document on Safari via Mac from 174.238.241.199. Received 9/19/2024 TIMESTAMP AUDIT ROC Legal 01/28/2024 21:58 EST Alan Whitworth ([email redacted]) signed the document on Safari via Mac from 174.238.241.199. Received 9/19/2024 ROC Legal

EXHIBIT D C Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal

EXHIBIT D Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal Received 9/19/2024 ROC Legal

EXHIBIT E Received 9/19/2024 ROC Legal

WITNESS STATEMENT

I, Mike Petrucelli, hereby declare as follows:

1. I am over the age of eighteen, am competent and of sound mind, have personal

knowledge of the facts set forth below and, if called as a witness, I can and will

testify truthfully to each of the following.

2. In early 2024 as electrical work was in progress, we would conduct jobsite walks

to clarify the work that was being performed. In many of these meetings it was

clear that Alan Whitworth of Infinite Energies was impaired by some substance

that affected his speech and bodily movements. He would slur and repeat a lot of

his words and would refrain from making eye contact.

3. On many of these jobsite walks we would also have our interior designer on site to

discuss other points of the project at the same time. After just one of these walks,

the designer made it very clear to us that she did not want to be a part of these

walks when Alan Whitworth was also on site. She also made it clear that she

thought he seemed to be under the influence of a substance and it made her

nervous.

4. There were many instances when Allen would not show up to perform work when

he previously promised and was scheduled to do so. These no shows were often

questioned in text in which his responses were indicative to his lack of

professionalism and inability to be at the jobsite, such as a text received from

Allen Whitworth on Tuesday March 12th 2024 that reads “I didn’t get the wire in Received 9/19/2024 ROC Legal

at 82nd. I fucked off for too long. Started talking to some chicks, couldn’t figure

out what they were trying to hint at doing…”

5. In multiple instances Allen would request payments to be made out to him directly

and not Infinite Energies. One text message received on March 22nd 2024 reads “Is

it possible to cut me a check for the floor boxes at the new house going up that I

installed? Could you possibly make it out to me? Alan Whitworth and not IE?”

These messages were concerning as it made Alan appear even more questionable

and made me question his trustworthiness.

6. We trusted Alen initially to be capable of completing this job as he promised,

however very early on we realized that he was not. He was very unreliable, and

untrustworthy. He would rarely follow through on promises, and when he would

we eventually found out many of the items he completed were incorrect, or poorly

done.

7. I, Mike Petrucelli, make this affidavit based on my personal knowledge, and I

affirm that the information provided herein is true and accurate to the best of my

knowledge and belief.

RESPECTFULLY SUBMITTED this 30TH day of July 2024.

/s/ Mike Petrucelli Mike Petrucelli Received 9/19/2024 ROC Legal

EXHIBIT F Received 9/20/24, 8:02 AM State of Arizona Mail - Amended Written Answer: CASE NO. 2024-08250 9/19/2024 ROC Legal

Answers - AZROC <[email redacted]>

Amended Written Answer: CASE NO. 2024-08250 message

Samuel Wang <[email redacted]> Thu, Sep 19, 2024 at 5:00 PM To: [email redacted]

Please find the attached amended written answer and exhibits.

Please note that there was a written answer submitted by mistake yesterday. I emailed this email to notify the ROC that it was a mistake and there would be an amended answer filed today.

Samuel Wang, Esq. Attorney at Law LAW OFFICES OF SAMUEL WANG, PLLC 3100 W Ray Rd. Suite 201 Chandler, AZ 85226 Telephone: (602) 492-7766 [email redacted] samuelwanglaw.com

attachments FULL EXHIBITS.pdf 11137K 2024 09 19 - FINAL- 1st Amended ROC Response - K&B:Infinite.pdf 200K

https://mail.google.com/mail/b/AEoRXRQN4twBpHqbEzt7Zbri50tXexFntT2oBbi_M4bZk4Fvyuzq/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Infinite Energies LLC, Case No. 2024-08250 COMPLAINANT, v. Kitchen and Bath Remodeling LLC, ORDER DENYING REQUEST TO DBA: Arizona Cabinets and Decor , DISMISS License No. ROC 322410, RESPONDENT.

BACKGROUND On September 4, 2024 the Registrar issued a citation against Respondent’s License No. ROC 322410. Respondent filed its Answer on September 19, 2024 The Answer included a request to dismiss the citation and close the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated October 22, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 22, 2024 to:

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Respondent(s) Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Ste 10 Chandler, AZ 85286 Samuel Wang, Esq. 3100 W Ray Rd Ste 201 Chandler, AZ 85226 Complainant(s) Infinite Energies LLC 3250 W Greenway Rd Unit 122 PHOENIX, AZ 85053 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. 2024-08250/ GM

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

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

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