ALJDEC - Licensing

2024A-08407-CHC-ROC · Registrar of Contractors · 2025-01-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Leticia DeLintt,

COMPLAINANT,

Triple S Construction LLC,

License No. ROC 341126,

RESPONDENT.

No. 2024A-08407-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 31, 2024.

APPEARANCES: Leticia and Paul DeLintt appeared representing themselves. No person appeared on behalf of Triple S Construction LLC.

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn

EXHIBITS ADMITTED INTO EVIDENCE: ROC Notice of Hearing Packet (Packet); Complainant’s Exhibits 1 through 38.

_____________________________________________________________________

FINDINGS OF FACT

Triple S Construction LLC (Respondent), is the holder of License No. 341126, KB-1 Dual Building, issued by the Arizona Registrar of Contractors (Registrar or ROC) on October 6, 2022.

On or about July 25, 2024, the Registrar received a Licensed Complaint Form (Complaint) from Leticia DeLintt (Complainant) against Respondent alleging poor workmanship, incomplete work, and poor communication. The project was remodeling in multiple areas of the home including lifting ceilings and thus, also lifting the HVAC system into the attic. There were some difficulties, and delays, in having the plans approved. The contract amount was $75,743.26 and Complainant has paid $48,388.75. The work began on February 26, 2023 and the last day of work on the project was July 22, 2024.

The Registrar assigned the Complaint to Investigator John Peru. On August 15, 2024, Investigator Peru convened a Jobsite Inspection. Complainant was unexpectedly unavailable (due to a family member’s illness) and a representative for Respondent did appear. At that time, it was determined that the parties should have additional communication regarding the matter and Investigator Peru closed the matter, which could be reopened.

On September 4, 2024, the Complaint was reopened and Investigator Peru conducted another job site inspection on September 17, 2024. Complainant was present; however, no representative for Respondent appeared. Investigator Peru had received some communication from Respondent but there was no indication that the parties were coming to a resolution.

On September 20, 2024, Investigator Peru issued a Directive requiring that Respondent perform corrective work and so notify the Investigator no later than October 7, 2024. The Directive indicates the following:

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

Complaint Item: 1 - Electrical panel permit was obtained March 26 & work has been performed sporadically leaving exposed panel/wiring.

Investigator’s Observation: At the time of this Inspection, the permit for the Electrical Supply panel has been inspected/approved per the Municipality Building Dept. However, the additional Electrical Re-wire Work (completed) throughout the property by the Respondent, has not been permitted through the Municipality Building Dept. The Respondent shall submit plans to the Municipality Building Dept. for approval, obtain a permit, and complete the scope of work per approval/final inspection of the Municipality Building Dept.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing

and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

Complaint Item: 2 - Wiring left exposed in dining room; extension cord is being used for refrigerator.

Investigator’s Observation: At the time of this Inspection, there was exposed wiring observed. REF: (P)1

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 3 - Some outlets are not working, no lighting in dining and laundry rooms.

Investigator’s Observation: At the time of this Inspection, the Respondent has corrected some of these issues, however a permit will still need to be obtained from the Municipality Building Dept.

and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

Complaint Item: 4 - Mid-May contractor stated it would take two more days to complete rewiring/panel.

Investigator’s Observation: At the time of this Inspection, the Respondent has corrected some of these issues, however a permit will still need to be obtained from the Municipality Building Dept.

and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

Complaint Item: 5 - Contractor has not returned my husband's calls nor responded to emails, text messages with give updates.

Investigator’s Observation: See Complaint Item #6

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 6 - As previously requested numerous times, we need to see a schedule of the anticipated timeline for our bedroom extension.

Investigator’s Observation: At the time of this Inspection, the Respondent has not initiated any work. The Respondent has accepted a deposit ($27,864.00) on (11/30/2023), but has not obtained any approved plans/permit from the Municipality Building Dept. The Respondent shall draft the appropriate drawings/plans per project, and allow the Complainant to review and approve the final plans per project, prior to submittal to the Municipality Building Dept.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 7 - Incomplete Finish Work

Investigator’s Observation: At the time of this Inspection, there was incomplete finish work observed.

(1). Paint in Dining Room on Drywall. REF:

(2). Paint/Drywall repair in Kitchen wall.

(3). Gap at the Living room receptacle/cover plate.

(4). Crooked wall switch/plate in Master bathroom.

REF: (JSI PICS)

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 8 - An electrical permit is not in place for the rewiring of our home. It must meet compliance with the City of Goodyear. This is a safety concern for us.

Investigator’s Observation: At the time of this Inspection, the additional Electrical Re-wire Work (completed) throughout the property by the Respondent, has not been permitted through the Municipality Building Dept. The Respondent shall submit plans to the Municipality Building Dept. for approval, obtain a permit, and complete the scope of work per approval/final inspection of the Municipality Building Dept.

and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

Complaint Item: 9 - Mr. Saylor agreed to provide a copy of the final architectural plans for our approval before they are resubmitted to the City of Goodyear Permit Department. To date we have not received a copy of the plans.

Complainant to review and approve the final plans per project, prior to submittal to the Municipality Building Dept.

and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

On Wednesday, September 25, 2024, Respondent emailed Complainant indicating it would be there “as soon as possible” to take care of punch list items and asking which days of the week would the home be available. Less than half hour later, Complainant responded “[o]ur home will be available this week and next.”

On Monday, October 7, 2024 at 4:19 p.m., Respondent emailed Complainant the following:

I apologize that I haven’t been able to get someone over there to do the punch list you sent me. So, I will be coming over to take care of these items. I am available Wednesday or Thursday this week. Whichever is more convenient for you is fine with me. ...

The work not being corrected by the Directive Deadline, Investigator Peru forwarded the matter to the Registrar’s Legal Department.

On October 22, 2024 at 9:31 p.m., Complainant received an email with Spanish/English translation about a person coming to the home the next day to complete the work. The next day, there was a series of emails through a translator that “Frey” was going to come to the home to fix things, then that he was on his way, and then that he was there. Complainant responded that no one was home and that she wanted to speak to his boss. There followed more communication from Frey and from Respondent that they were just trying to take care of the things that needed completion and, at one point, Respondent indicated that this would be “my last attempt to correct the situation.”

Complainant was unavailable at that time on October 23, 2024 due to her prior commitment.

On October 24, 2024, the Registrar issued a Citation against Respondent charging the following possible violations:

Charge: 1 A.R.S. § 32-1154(A)(1)

Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(A)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Charge: 3 A.R.S. § 32-1154(A)(3) - R4-9-108(B)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

On November 5, 2024, Respondent, filed an Answer to the Citation. In its Answer, Respondent stated that some work had been performed (and approved) and that some work had been delayed to poor communication with Complainant not cooperating as to availability. The answer indicated that Respondent was still willing to work to schedule completion and facilitate completion of the project once the Complainant-requested (holiday time frame) delays were concluded lifted.

The Registrar subsequently referred the matter to the Office of Administrative Hearings, an independent State agency, for an evidentiary hearing.

On November 25, 2024, the Registrar issued a Notice of Hearing setting the matter to convene on December 31, 2024 at 9:00 a.m., via Google Meet.

On December 3, 2024, the Office of Administrative Hearings also issued an ORDER advised the parties about the December 31, 2024 virtual hearing and specifying how to connect to the hearing via Google Meet.

On the noticed date and at the time set for hearing, Respondent did not appear through an authorized member, employee, or attorney. Respondent had not requested that the hearing be continued. Because Respondent failed to appear, Respondent did not present any evidence to defend its license.

Investigator Peru testified consistent with his findings contained in his Jobsite Inspection Notes and the Directive: Investigator Peru reviewed the available information, his inspection notes, and the photographs, which together demonstrated that the corrective work was neither completed nor begun after the Directive was issued and was not completed by the Directive deadline of October 7, 2024.

At hearing, Complainant reiterated the process they had been through for the project and the issues with poor communication as to scheduling work.

Complainant’s concerns about Respondent having been paid more than half the contract amount, presumably nearly 2 years ago when the work began, and not yet completing the work are better addressed through the Registrar’s Recovery Fund process.

Administrative notice is taken of Respondent’s license history and status with the Registrar. Respondent’s license record reflects that Respondent’s License No. 341126 active; however, the license record incorrectly reflects there is only one open case. This case, once closed and now reopened, is likely erroneously not listed on the license record.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.

The copy of the Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record was reasonable, and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).

The ORDER sent by the Office of Administrative Hearings was issued to Respondent at the email address on record with the Registrar. Therefore, Respondent is also deemed to have received notice of the virtual setting and process for the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).

Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazzano v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).

The evidence of record established that Respondent’s work was not in conformity with the Registrar’s standards as had been cited in the Registrar’s Citation. The hearing record established that Respondent had not completed the project, seemingly abandoning and refusing to perform work as could have been scheduled, and even after the Directive deadline, indicating on October 23, that this is “my last attempt to correct the situation.” Therefore, Complainant established Respondent had not completed the project as had been contracted, in violation of A.R.S. § 32-1154(A)(1). Further, Complainant established that Respondent had not completed the project in a professional and workmanlike manner or in accordance with applicable building codes and professional industry standards, in violation of A.R.S. § 32-1154(A)(3), namely R4-9-108(A) and (B).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar’s Order, the Registrar shall suspend Respondent’s License No. 341126 for a period of ten business days.

Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.

Done this day, January 31, 2025.

/s/ Kay Abramsohn

Administrative Law Judge

Transmitted electronically to:

Tom Cole, Director

Registrar of Contractors

John Peru

[email redacted]

Leticia DeLintt

821 N Los Robles Drive

Goodyear, AZ 85338

[email redacted]

Triple S Construction LLC

5221 W Montebello Ave Unit B-10

Glendale, AZ 85301

[email redacted]

By: OAH Staff