2024A-08741-NPC-ROC Notice of Hearing & Packet MAILED 2024-08741.pdf

2024A-08741-NPC-ROC · Registrar of Contractors · 2024-09-23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Master Hands Painting LLC, Case No. 2024-08741

COMPLAINANT, Docket No. 2024A-08741-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Kapella Group LLC License No. ROC 330554,

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

HEARING INFORMATION The hearing is set for:

November 7, 2024 8:30 AM Kay Abramsohn Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on August 28, 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 September 23, 2024.

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

Copy mailed via USPS First Class mail September 23, 2024 to:

Respondent(s) Kapella Group LLC 7002 S Revere Pkwy Ste. 30 Englewood, CO 80112

Respondent's Attorney Richard Noel, Esq. 502 S. College Ave Suite 205 Tempe, AZ 85281 Complainant(s) Master Hands Painting LLC 7591 N 87th Ave Glendale, AZ 85305

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. 2024-08741 /

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

August 13, 2024

Via U.S. Mail and Email

Complainant Master Hands Painting LLC 7591 N 87th Ave Glendale, AZ 85305

Via U.S. Mail and Email

Respondent Kapella Group LLC 7002 S Revere Pkwy Unit 30 Centennial, CO 80112

Re: Complaint No. 2024-08741

Dear Complainant and Respondent:

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

1. Written Contract or written statement of how you started business with Respodent.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Please provide ALL requested information by August 20, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted by:

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

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

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

Sincerely,

/s/ Dylan Warwick Dylan Warwick Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 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) Brittany Grace Gonzalez Street Address City State Zip Code 7591 North 87th Avenue Glendale Arizona 85305 Phone Number Email Address [number redacted] [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) Kapella Group LLC ROC 330554 Street Address City State Zip Code 7002 S Revere Pkwy Unit 30 Centennial CO 80112 Phone Number Email Address

Name of Person(s) Representing License Denis Koval Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $4,578.37 June 10, 2024 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. INV-000665

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 Brittany Grace Gonzalez 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 Brittany Grace Gonzalez Zoho Sign Document ID: 2DAA2E6F-PQQV5WSQ5MP5INWWXOWG948DQ49SFSHFAQ_T6PKUKSU

Invoice # INV-000665

Master Hands Painting & Chicago Style Decorating Balance Due

7591 N. 87TH Ave $4,069.00 Glendale Arizona 85305 U.S.A

Invoice Date : 06/10/2024 Terms : Custom Bill To Due Date : 06/15/2024 Global Construction LLC Montecito P.O.# : 720-557-9217 Senior Living

# Item & Description Qty Rate Amount

INTERIOR PAINT: 1.00 4,069.00 4,069.00 IL: Dining Casita

PREPARATION: Prep Windows & interior for primer. Caulk around windows, door frames & baseboards. Fill all nail holes.

PRIMER: Spray a PVA primer over all new drywall to seal.

PAINT: Spray all ceilings throughout with a latex flat paint. Spray all walls throughout with a latex eggshell paint. **Service area, bathrooms, and kitchen walls excluded**

TRIM: Spray all trim throughout with latex semi-gloss finish.

Sub Total 4,069.00 Start Date: 06/11/2024 Estimated Completion Date: 06/13/2024 Total $4,069.00 Payment terms: Payout on the 1st and 15th Payment due in full upon completion. Balance Due $4,069.00

Jun 10 2024 17:01 MST

Notes Thank you for the opportunity to assist you with this project. Master Hands Painting will supply labor and materials. As a direct impact from national paint and labor shortages in addition to excessive inflation our prices have increased. We thank you for your understanding and support.

Zoho Sign Document ID: 2DAA2E6F-PQQV5WSQ5MP5INWWXOWG948DQ49SFSHFAQ_T6PKUKSU

We pay close attention to proper preparation & detail which provides the best finish for your project. We take great pride in our workmanship and will do all we can to treat your home and contents with TLC. We ask that you please remove all fragile items or items of personal value from all areas that are to be painted. Master Hands Painting will not assume responsibility for any items not removed from areas being painted.

Please let me know your thoughts on this proposal or any questions you may have. Looking forward to coloring your world.

Terms & Conditions Change Request Process: Any change in paint color must be submitted in writing by the client. Changes are subject to approval by Master Hands Painting. Approval and Confirmation: Once a change request is approved, the client will receive written confirmation of the acceptance of the change. The confirmation will include details such as the new paint color, additional costs, and any adjusted timelines. Additional Material Costs: The client agrees to cover all additional costs incurred due to the change in paint color, including the purchase of new materials and any associated delivery charges. Labor Charges: Any additional labor required to accommodate the change in paint color will be billed at the agreed-upon hourly or project rate. Timeline Adjustments: The client acknowledges that changing the paint color may impact the project timeline. Master Hands Painting will provide an updated estimated schedule reflecting any adjustments due to the change. Payment Terms: Additional charges resulting from a change in paint color are due upon receipt of the revised invoice. Failure to make timely payments may result in a delay or suspension of the project. Cancellation Policy: If the client decides to cancel the change request after approval, Master Hands Painting may charge a cancellation fee to cover any pre- purchased materials or labor already invested in the change.

Payment Terms: Prices and timeframes for completion are estimated and are subject to change based on labor and materials. Deposit of 50% due prior to start of project. Balance is due in full upon completion. **Payments due on the 1st and 15th of the month for the Montecitio Senior Living prjoect** If the Customer fails to make payment by the agreed time, the Contractor shall be entitled to claim interest on any overdue amount. All such interest will be compounded weekly at 5%. Regardless of the method of payment, including checks sent by mail or zelle, late payments will be subject to the specified interest rate. No exceptions will be made, and the company reserves the right to enforce the interest policy consistently.

Limited Guarantee: Master Hands Painting provides services related to drywall and stucco repairs. While we strive to deliver high-quality workmanship, we cannot guarantee that our repairs will be free from issues such as cracking, peeling, or water leaks. Drywall and stucco repairs may be influenced by various factors, including the condition of existing materials, environmental conditions, and the nature of the repair itself. These factors are beyond our control, and as such, we cannot ensure that the repairs will be completely free from future issues.

Mater Hands Painting reserves the right to terminate this contract at any time, for any reason, by providing one day written notice to the Client. Upon termination, the Client shall pay for all services rendered and expenses incurred up to the termination date.

Failure to comply with these terms may result in legal action.

By engaging our services, clients acknowledge that they have read, understood, and accepted these terms and conditions.

Generated on Aug 1, 2024 18:37 MST

Certificate of Completion Summary Document ID : 2DAA2E6F-PQQV5WSQ5MP5INWWXOWG948DQ49SFSHFAQ_T6PKUKSU Document Name : INV-000665 Sent by : Master Hands Painting <[email redacted]> Organization : Masterhands Painting Sent on : Jun 10, 2024 15:22 MST Signers : 1 Completed on : Jun 10, 2024 17:01 MST Receives a copy : 0 Sign order : Sequential Approvers : 0 No. of documents : 1

Recipients Melissa Brown Signature Signer [email redacted]

Emailed on : Jun 10, 2024 15:22 MST Accessed from : 169.133.32.197 Viewed on : Jun 10, 2024 17:00 MST Device used : Web Terms agreed on : Jun 10, 2024 17:00 MST Authentication type : None Signed on : Jun 10, 2024 17:01 MST Legal Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE Please read the following information carefully. By clicking the 'I agree' button, you agree that you have reviewed the following terms and conditions and consent to transact business electronically using Zoho Sign electronic signature system. If you do not agree to these terms, do not click the 'I agree' button.

Electronic documents Please note that Masterhands Painting ("we", "us" or "Company") will send all documents electronically to you to the email address that you have given us during the course of the business relationship unless you tell us otherwise in accordance with the procedure explained herein. Once you sign a document electronically, we will send a PDF version of the document to you.

Request for paper copies You have the right to request paper copies of these documents sent to you electronically from [email redacted]. Alternatively, you also have the ability to download and print these documents sent to you electronically, and re-upload a scanned copy of the printed and physically signed documents. If you, however, wish to request paper copies of these documents sent to you electronically, you can write back to the sender.

Withdrawing your consent At any point in time during the course of our business relationship, you have the right to withdraw your consent to receive documents in electronic format. If you wish to withdraw your consent, you can decline to sign a document that we have sent to you and send an email to [email redacted] informing us that you wish to receive documents only in paper format. Upon request from you, we will stop sending documents using Zoho Sign electronic signature system.

To advise Masterhands Painting of your new email address If you need to change the email address that you use to receive notices and disclosures from us, write to us at [email redacted]

System requirements Compatible with recent versions of popular browsers such as Chrome, Firefox, Safari, and Internet Explorer. Zoho Sign is also available on iOS and Android devices. 4260-1898-2 4209-8 06/12 J-01 [number redacted] 4260-1898-2 [number redacted] _42098188750624 THE SHERWIN WILLIAMS CO. 9275 W PEORIA AVE STE PEORIA AZ 85345 6320

Visit www.sherwin-williams.com CHARGE Store 701616 (623) 487-4898 INVOICE ACCOUNT: 4260-1898-2 Fax: (623) 487-1398 No. 4209-8 JOB 1 MASTER HANDS PAINTING SERVICES PAGE NN OF OF1 NNN PO# MOTECITO

DATE: 06/12/2024 MASTER HANDS PAINTING SERVICES TIME: 09:48 AM 7591 N 87TH AVE 2-R561 GLENDALE AZ 85305 3914 E75/18875

(623) 879-9371

TERMS: NET PAYMENT DUE ON JULY 20th

SALES NUMBER SIZE PRODUCT DESCRIPTION QTY PRICE VALUE 220-6886 EACH LTX515 RAC X TIP 515 1 50.49 50.49 948-7489 EACH 233951 EXT GASKET SEAL 2 3.20 6.40 156-7171 EACH 15H622 EXTENSION GASKET 2 0.99 1.98 .

Thank You SUBTOTAL BEFORE TAX 58.87 receipt required for refund 8.100% SALES TAX:1-[number redacted] 4.77 CHARGE $63.64

MERCHANDISE RECEIVED IN GOOD ORDER BY:

JOSE

STORE HOURS SUNDAY: 10:00 AM - 4:00 PM MONDAY - FRIDAY: 6:00 AM - 6:00 PM SATURDAY: 7:00 AM - 5:00 PM 4260-1898-2 2663-5 06/12 J-01 [number redacted] 4260-1898-2 [number redacted] _26635195550624 THE SHERWIN WILLIAMS CO. 19205 N 83RD AVE STE 105A PEORIA AZ 85382 2838

Visit www.sherwin-williams.com CHARGE Store 708589 (623) 561-9603 INVOICE ACCOUNT: 4260-1898-2 Fax: (623) 561-9602 No. 2663-5 JOB 1 MASTER HANDS PAINTING SERVICES PAGE NN OFOF1 NNN PO# MONTECITO ORDER: OE0098677A708589 DATE: 06/12/2024 MASTER HANDS PAINTING SERVICES TIME: 02:43 PM 7591 N 87TH AVE 2-R561 GLENDALE AZ 85305 3914 E82/19555

TERMS: NET PAYMENT DUE ON JULY 20th

SALES NUMBER SIZE PRODUCT DESCRIPTION QTY PRICE VALUE 6512-52579 5 GAL B28W8030 PVA INT PRMR WHITE 15 13.19 197.85 .

Thank You SUBTOTAL BEFORE TAX 197.85 receipt required for refund 8.100% SALES TAX:1-[number redacted] 16.03 CHARGE $213.88

MERCHANDISE RECEIVED IN GOOD ORDER BY:

JOSE

STORE HOURS SUNDAY: 10:00 AM - 4:00 PM MONDAY - FRIDAY: 6:00 AM - 6:00 PM SATURDAY: 7:00 AM - 5:00 PM 4260-1898-2 2651-0 06/12 J-01 [number redacted] 4260-1898-2 [number redacted] _26510195550624 THE SHERWIN WILLIAMS CO. 19205 N 83RD AVE STE 105A PEORIA AZ 85382 2838

Visit www.sherwin-williams.com CHARGE Store 708589 (623) 561-9603 INVOICE ACCOUNT: 4260-1898-2 Fax: (623) 561-9602 No. 2651-0 JOB 1 MASTER HANDS PAINTING SERVICES PAGE NN OFOF1 NNN PO# MONECITO ORDER: OE0098655A708589 DATE: 06/12/2024 MASTER HANDS PAINTING SERVICES TIME: 08:51 AM 7591 N 87TH AVE 2-R561 GLENDALE AZ 85305 3914 E11/19555

TERMS: NET PAYMENT DUE ON JULY 20th

SALES NUMBER SIZE PRODUCT DESCRIPTION QTY PRICE VALUE 6509-46627 5 GAL B30W12651 PM 200 0 FL EXTRA 20 26.90 538.00 Color: SW7006 EXTRA WHITE CCE*Color Cast OZ 32 64 128 Sher-Color Formula EXTRA WHITE 6503-35565 5 GAL A76W51 SOLO SEMI-GL EXTRA 15 37.55 563.25 Color: SW7006 EXTRA WHITE CCE*Color Cast OZ 32 64 128 Sher-Color Formula EXTRA WHITE 6503-62916 5 GAL B20W4651 PM 400 0 EG EXTRA 25 23.56 589.00 Color: SW6071 POPULAR GRAY Location: 242-C1 CCE*Color Cast OZ 32 64 128 B1 Black - 32 1 - R2 Maroon - 7 1 - Y3 Deep Gold - 30 - - Sher-Color Formula POPULAR GRAY .

Thank You SUBTOTAL BEFORE TAX 1690.25 receipt required for refund 8.100% SALES TAX:1-[number redacted] 136.91 CHARGE $1827.16

MERCHANDISE RECEIVED IN GOOD ORDER BY:

JOSE

STORE HOURS SUNDAY: 10:00 AM - 4:00 PM MONDAY - FRIDAY: 6:00 AM - 6:00 PM SATURDAY: 7:00 AM - 5:00 PM 4260-1898-2 2596-7 06/11 J-01 [number redacted] 4260-1898-2 [number redacted] _25967195550624 THE SHERWIN WILLIAMS CO. 19205 N 83RD AVE STE 105A PEORIA AZ 85382 2838

Visit www.sherwin-williams.com CHARGE Store 708589 (623) 561-9603 INVOICE ACCOUNT: 4260-1898-2 Fax: (623) 561-9602 No. 2596-7 JOB 1 MASTER HANDS PAINTING SERVICES PAGE NN OFOF1 NNN PO# MONECITO ORDER: OE0098615A708589 DATE: 06/11/2024 MASTER HANDS PAINTING SERVICES TIME: 09:13 AM 7591 N 87TH AVE 2-R561 GLENDALE AZ 85305 3914 E23/19555

TERMS: NET PAYMENT DUE ON JULY 20th

SALES NUMBER SIZE PRODUCT DESCRIPTION QTY PRICE VALUE 6512-52579 5 GAL B28W8030 PVA INT PRMR WHITE 25 13.19 329.75 6503-62916 5 GAL B20W4651 PM 400 0 EG EXTRA 20 23.56 471.20 Color: SW7015 REPOSE GRAY Location: 244-C1 CCE*Color Cast OZ 32 64 128 B1 Black - 51 - 1 R2 Maroon - 3 1 1 Y3 Deep Gold - 35 - - Sher-Color Formula REPOSE GRAY .

Thank You SUBTOTAL BEFORE TAX 800.95 receipt required for refund 8.100% SALES TAX:1-[number redacted] 64.88 CHARGE $865.83

MERCHANDISE RECEIVED IN GOOD ORDER BY:

JOSE

STORE HOURS SUNDAY: 10:00 AM - 4:00 PM MONDAY - FRIDAY: 6:00 AM - 6:00 PM SATURDAY: 7:00 AM - 5:00 PM 4260-1898-2 2597-5 06/11 J-01 [number redacted] 4260-1898-2 [number redacted] _25975195550624 THE SHERWIN WILLIAMS CO. 19205 N 83RD AVE STE 105A PEORIA AZ 85382 2838

Visit www.sherwin-williams.com CHARGE Store 708589 (623) 561-9603 INVOICE ACCOUNT: 4260-1898-2 Fax: (623) 561-9602 No. 2597-5 JOB 1 MASTER HANDS PAINTING SERVICES PAGE NN OF OF1 NNN PO# MONECITO

DATE: 06/11/2024 MASTER HANDS PAINTING SERVICES TIME: 09:14 AM 7591 N 87TH AVE 2-R561 GLENDALE AZ 85305 3914 E23/19555

(623) 879-9371 * INDICATES SALE PRICE TERMS: NET PAYMENT DUE ON JULY 20th

SALES NUMBER SIZE PRODUCT DESCRIPTION QTY PRICE VALUE 573-4256 EACH 2020-36MM CONTR PACK 2 9.69* 19.38 MFG NBR:2020-36EVP .

Thank You SUBTOTAL BEFORE TAX 19.38 receipt required for refund 8.100% SALES TAX:1-[number redacted] 1.57 CHARGE $20.95

MERCHANDISE RECEIVED IN GOOD ORDER BY:

JOSE

STORE HOURS SUNDAY: 10:00 AM - 4:00 PM MONDAY - FRIDAY: 6:00 AM - 6:00 PM SATURDAY: 7:00 AM - 5:00 PM Vm#lmA@=ÿ#BDA`ÿ>F n/(/&ÿ:Oÿ>05I:2(ÿF(57ÿ_ÿQ:%47(52/ÿo:8ÿABA@_BVT@# Received Legal 8/14/2024

01234ÿ617ÿ8394ÿÿ ÿ412341739432

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1//4'Dmm%(578)::)7&89:%m%(57mYm>p:RqRrT3s1oJ7BLtQu%Vs>EV:u)E&B:vP%5q5AOwp<Vw:vMwSStm?mBmx5\y3C(O&Y&3(`XJ5&Hy4/X'&(091y(77X4&0z #m# Received Legal 8/14/2024 Zoho Sign Document ID: 2DAA2E6F-PQQV5WSQ5MP5INWWXOWG948DQ49SFSHFAQ_T6PKUKSU Received Legal 8/14/2024 Zoho Sign Document ID: 2DAA2E6F-PQQV5WSQ5MP5INWWXOWG948DQ49SFSHFAQ_T6PKUKSU Received Legal 8/14/2024 Received Legal 8/14/2024 Received Legal 8/14/2024 Received Legal 8/14/2024 Received Legal 8/14/2024 Received Legal 8/14/2024 LEGAL RECEIVED 08/19/2024

Ryan D. Bailey, Esq. (No. 036684) Richard Noel, Esq. (No. 036081) STONE CANYON LAW, PLC 502 S. College Ave Suite 205 Tempe, AZ 85281 (480) 447-5357 [email redacted] Attorneys for Respondent

REGISTRAR OF CONTRACTORS

STATE OF ARIZONA MASTER HANDS PAINTING, LLC, an Case No: 2024-08741 Arizona limited liability company, ROC License No. 241768; NOTICE OF APPEARANCE Complainant,

vs. KAPELLA GROUP, LLC, a foreign company, ROC License No. 330554; Respondent.

Notice is hereby given that the undersigned counsel represents Respondent Kapella Group, LLC in the above titled and numbered action.

RESPECTFULLY SUBMITED this 19th day of August 2024.

STONE CANYON LAW PLC

NOTICE OF APPEARANCE - 1 LEGAL RECEIVED 08/19/2024

/s/ Richard Noel Richard Noel, Esq. (No. 036081) Attorney for Plaintiff

COPY of the foregoing emailed this 19th day of August 2024:

Arizona Registrar of Contractors [email redacted]

Master Hands Painting [email redacted]

/s/Richard Noel

NOTICE OF APPEARANCE - 2 8/19/24, 3:21 PM State of Arizona Mail - NOA LEGAL RECEIVED 08/19/2024

Legal New Mail - AZROC <[email redacted]>

NOA message

Richard Noel <[email redacted]> Mon, Aug 19, 2024 at 2:00 PM To: [email redacted], [email redacted]

Please see attached. Thank you.

-- Richard Noel, Esq. Attorney-at-Law

502 S. College Ave., Suite 205 Tempe, Arizona 85281 Telephone: (480) 447-5357 ext. 1004 www.stonecanyonlaw.com

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.

2024 08 19- ROC NOA- Global adv Master Hands .pdf 16K

https://mail.google.com/mail/b/AEoRXRTI5ZV1Jdss4xyUcpYDyMX3mBvZOnTZOciYnX5VMBTjhPK_/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-08741 Master Hands Painting LLC,

COMPLAINANT, v. CITATION Kapella Group LLC License No. ROC 330554,

RESPONDENT.

The Registrar issues this Citation to Kapella Group LLC (“Respondent”) under A.R.S.

§ 32-1155(A). If Respondent fails to answer this Citation by September 12, 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 August 1, 2024, Master Hands Painting 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

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge 1: A.R.S. § 32-1154(A)(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

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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 licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay, and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 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. 2024-08741. 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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 12, 2024.

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 This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST 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

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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 Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated August 28, 2024. By: /s/ Margaret Lindsey Margaret Lindsey 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, August 28, 2024 to:

Respondent Certified Mail No: [number redacted]

Kapella Group LLC 7002 S Revere Pkwy Unit 30 Centennial, CO 80112

Copy mailed by USPS First Class mail this same date to:

Kapella Group LLC 7002 S Revere Pkwy Unit 30 Centennial, CO 80112 Richard Noel, Esq Stone Canyon Law, PLC 502 S. College Ave Suite 205 Tempe, AZ 85281

Complainant Master Hands Painting LLC 7591 N 87th Ave Glendale, AZ 85305

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. 2024-08741 / <<CreatedBy_DW>

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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

Invoice # INV-000665

Master Hands Painting & Chicago Style Decorating Balance Due

7591 N. 87TH Ave $4,069.00 Glendale Arizona 85305 U.S.A

Invoice Date : 06/10/2024 Terms : Custom Bill To Due Date : 06/15/2024 Global Construction LLC Montecito P.O.# : 720-557-9217 Senior Living

# Item & Description Qty Rate Amount

INTERIOR PAINT: 1.00 4,069.00 4,069.00 IL: Dining Casita

PREPARATION: Prep Windows & interior for primer. Caulk around windows, door frames & baseboards. Fill all nail holes.

PRIMER: Spray a PVA primer over all new drywall to seal.

PAINT: Spray all ceilings throughout with a latex flat paint. Spray all walls throughout with a latex eggshell paint. **Service area, bathrooms, and kitchen walls excluded**

TRIM: Spray all trim throughout with latex semi-gloss finish.

Sub Total 4,069.00 Start Date: 06/11/2024 Estimated Completion Date: 06/13/2024 Total $4,069.00 Payment terms: Payout on the 1st and 15th Payment due in full upon completion. Balance Due $4,069.00

Jun 10 2024 17:01 MST

Zoho Sign Document ID: 2DAA2E6F-PQQV5WSQ5MP5INWWXOWG948DQ49SFSHFAQ_T6PKUKSU

Please let me know your thoughts on this proposal or any questions you may have. Looking forward to coloring your world.

Failure to comply with these terms may result in legal action.

By engaging our services, clients acknowledge that they have read, understood, and accepted these terms and conditions.

Generated on Aug 1, 2024 18:37 MST

Recipients Melissa Brown Signature Signer [email redacted]

To advise Masterhands Painting of your new email address If you need to change the email address that you use to receive notices and disclosures from us, write to us at [email redacted]

Visit www.sherwin-williams.com CHARGE Store 701616 (623) 487-4898 INVOICE ACCOUNT: 4260-1898-2 Fax: (623) 487-1398 No. 4209-8 JOB 1 MASTER HANDS PAINTING SERVICES PAGE NN OF OF1 NNN PO# MOTECITO

DATE: 06/12/2024 MASTER HANDS PAINTING SERVICES TIME: 09:48 AM 7591 N 87TH AVE 2-R561 GLENDALE AZ 85305 3914 E75/18875

(623) 879-9371

TERMS: NET PAYMENT DUE ON JULY 20th

Thank You SUBTOTAL BEFORE TAX 58.87 receipt required for refund 8.100% SALES TAX:1-[number redacted] 4.77 CHARGE $63.64

MERCHANDISE RECEIVED IN GOOD ORDER BY:

JOSE

TERMS: NET PAYMENT DUE ON JULY 20th

SALES NUMBER SIZE PRODUCT DESCRIPTION QTY PRICE VALUE 6512-52579 5 GAL B28W8030 PVA INT PRMR WHITE 15 13.19 197.85 .

Thank You SUBTOTAL BEFORE TAX 197.85 receipt required for refund 8.100% SALES TAX:1-[number redacted] 16.03 CHARGE $213.88

MERCHANDISE RECEIVED IN GOOD ORDER BY:

JOSE

TERMS: NET PAYMENT DUE ON JULY 20th

Thank You SUBTOTAL BEFORE TAX 1690.25 receipt required for refund 8.100% SALES TAX:1-[number redacted] 136.91 CHARGE $1827.16

MERCHANDISE RECEIVED IN GOOD ORDER BY:

JOSE

TERMS: NET PAYMENT DUE ON JULY 20th

Thank You SUBTOTAL BEFORE TAX 800.95 receipt required for refund 8.100% SALES TAX:1-[number redacted] 64.88 CHARGE $865.83

MERCHANDISE RECEIVED IN GOOD ORDER BY:

JOSE

Visit www.sherwin-williams.com CHARGE Store 708589 (623) 561-9603 INVOICE ACCOUNT: 4260-1898-2 Fax: (623) 561-9602 No. 2597-5 JOB 1 MASTER HANDS PAINTING SERVICES PAGE NN OF OF1 NNN PO# MONECITO

DATE: 06/11/2024 MASTER HANDS PAINTING SERVICES TIME: 09:14 AM 7591 N 87TH AVE 2-R561 GLENDALE AZ 85305 3914 E23/19555

(623) 879-9371 * INDICATES SALE PRICE TERMS: NET PAYMENT DUE ON JULY 20th

SALES NUMBER SIZE PRODUCT DESCRIPTION QTY PRICE VALUE 573-4256 EACH 2020-36MM CONTR PACK 2 9.69* 19.38 MFG NBR:2020-36EVP .

Thank You SUBTOTAL BEFORE TAX 19.38 receipt required for refund 8.100% SALES TAX:1-[number redacted] 1.57 CHARGE $20.95

MERCHANDISE RECEIVED IN GOOD ORDER BY:

JOSE

STORE HOURS SUNDAY: 10:00 AM - 4:00 PM MONDAY - FRIDAY: 6:00 AM - 6:00 PM SATURDAY: 7:00 AM - 5:00 PM Received 9/12/2024 ROC Legal

Ryan D. Bailey, Esq. (No. 036684) Richard Noel, Esq. (No. 036081) STONE CANYON LAW, PLC 502 S. College Ave Suite 205 Tempe, AZ 85281 (480) 447-5357 [email redacted] Attorneys for Respondent

REGISTRAR OF CONTRACTORS

STATE OF ARIZONA Master Hands Painting, LLC, License No. Case No: 2024-08741 ROC 241768,

Complainant, WRITTEN ANSWER TO CITATION vs. AND COMPLAINT AND REQUEST Kapella Group, LLC, License No. ROC FOR INFORMAL SETTLEMENT 330554, CONFERENCE Respondent.

Kapella Group, LLC, a foreign limited liability company doing business in Arizona, has retained this law firm to represent their interest in the above-referenced

Licensed Complaint Form (No. 2024-08741; the “Complaint”). Respondent is in receipt

of the Complaint filed by Complainant Master Hands Painting, LLC, regarding the Contract executed between Complainant and Respondent for work at the property located at 17271 N 87th Avenue, Peoria, Arizona 85382 (the “Property”). Respondent submits

this Written Answer to the Citation and Complaint showing why the Complaint should

WRITTEN ANSWER TO CITATION AND COMPLAINT AND REQUEST FOR INFORMAL SETTLEMENT CONFERENCE - 1 Received 9/12/2024 ROC Legal

be dismissed in its entirety and why Complainant should not be granted any relief. Further, Respondent requests an informal settlement conference pursuant to A.R.S. §41-1092.06. THE WRITTEN RESPONSE

On June 5, 2024, Complainant and Respondent entered into a sub-contractor agreement for painting services at the Property. See “Exhibit A” attached. Pursuant to

the Contract, Complainant agreed that:

Subcontractor represents they have acquainted themselves with the nature and extent of the services to be undertaken and made all necessary examinations, investigations, and inspections prior to entering into this Subcontract. Subcontractor is responsible for examining and determining for themselves the location and nature of the proposed work, the amount and character of the labor and materials required, and the difficulties which may be encountered and is satisfied as to the conditions that may impact the Subcontract Work.

Exhibit A, at sec. 3.2. Further, Complainant agreed that:

Contractor may decline to approve all or part of an application for payment for any of the following reasons: unsatisfactory job progress, unacceptable or unauthorized work, disputed work, Subcontractor's failure to comply with any provision of this Subcontract, third party claims filed against Contractor, the Owner, Contractor's bonds or the Project arising from Subcontractor's performance of this Subcontract, Subcontractor failure to make timely payments for labor, materials or equipment, or any part of an Application for Payment or part of an Application for Payment not approved by the Owner.

Exhibit A, at sec. 4.11. Finally, Complainant agreed that:

WRITTEN ANSWER TO CITATION AND COMPLAINT AND REQUEST FOR INFORMAL SETTLEMENT CONFERENCE - 2 Received 9/12/2024 ROC Legal

If Subcontractor fails to timely complete its Scope of Work by the Completion Date, Subcontractor shall be liable for the greater of liquidated damages of $865 per day or the liquidated damages assessed by the Prime Contract. If Subcontractor defaults in the proper performance of the Subcontract Work, which default causes delay to any part of the entire work of the Project and results in the assessment of damages against Contractor, then Contractor may assess a share of these damages against Subcontractor in proportion to Subcontractor's responsibility for the damages. Subcontractor shall give Contractor not less than two (2) days written notice of an occurrence that will or that Subcontractor reasonably believes is likely to cause delay. Exhibit A, at sec. 6. Complainant was to have painting completed between June 10, 2024,

and June 14, 2024. Complainant’s unjustified delays and failure to show up to the jobsite

resulted in termination of their contract. Respondent has offered to compensate Complainant for a reasonable amount of Complainant’s costs, despite over purchasing of materials and workmanship issues.

1. Breach of Contract

The parties agreed to adhere to a strict project schedule for completion of painting, to avoid unnecessary delays and liquidated damages as a result. Complainant was unable to adhere to the terms of the Contract and blamed respondent for their inability to complete the work. On or about June 12, 2024, Respondent sent text messages to

Complainant that they were unable to paint due to delays from drywallers (see “Exhibit

B” attached). Complainant responded that it would not be an issue, and Respondent could start on non-affected areas to keep on schedule. Id. Complainant did not return to the jobsite to complete the work. Upon leaving the Property, Complainant had completed

WRITTEN ANSWER TO CITATION AND COMPLAINT AND REQUEST FOR INFORMAL SETTLEMENT CONFERENCE - 3 Received 9/12/2024 ROC Legal

some preparation work and priming, however Respondent has had to re-do much of Complaintant’s work as a result of incorrect preparation. 2. Workmanship

Following Complainant's termination, Respondent’s new sub-contractor found

Complainant failed to sand, clean and properly prime surfaces. Further, Respondent’s new sub-contactor found Complainant had grossly over purchased materials at Respondent's expense. Complainant never started painting the Property. This required

Respondent to pay well over the original Contract price of roughly $4500.00 to complete

the project. Complainant has requested full payment for services despite workmanship issues and never starting the painting process. See "Exhibit C" attached.

CONCLUSION

Respondent is justified pursuant to Arizona Statute to withhold application of payment due to Complainant’s own actions. Those actions include: unsatisfactory job progress – for which Complainant was ultimately terminated; poor workmanship; and damage to Respondent from Claimant’s clear breach of the contract.

RESPECTFULLY SUBMITED this 12th day of September 2024.

STONE CANYON LAW PLC /s/ Richard Noel

WRITTEN ANSWER TO CITATION AND COMPLAINT AND REQUEST FOR INFORMAL SETTLEMENT CONFERENCE - 4 Received 9/12/2024 ROC Legal

Richard Noel, Esq. (No. 036081) Attorney for Respondent

ORIGINAL filed this 12th day of September 2024.

COPY of the foregoing emailed this 12th day of September 2024:

Arizona Registrar of Contractors [email redacted] [email redacted] Master Hands Painting, LLC 7591 NB. 87th Ave Glendale, AZ 85305

/s/Richard Noel

WRITTEN ANSWER TO CITATION AND COMPLAINT AND REQUEST FOR INFORMAL SETTLEMENT CONFERENCE - 5 Received 9/12/2024 ROC Legal

Exhibit A

WRITTEN ANSWER TO CITATION AND COMPLAINT AND REQUEST FOR INFORMAL SETTLEMENT CONFERENCE - 6 Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal

Exhibit B

WRITTEN ANSWER TO CITATION AND COMPLAINT AND REQUEST FOR INFORMAL SETTLEMENT CONFERENCE - 7 Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal Received 9/12/2024 ROC Legal

Exhibit C

Answers - AZROC <[email redacted]>

Written Answer to Citation message

Richard Noel <[email redacted]> Thu, Sep 12, 2024 at 3:05 PM To: [email redacted], Master Hands Painting <[email redacted]>

Please see attached.

-- Richard Noel, Esq. Attorney-at-Law

502 S. College Ave., Suite 205 Tempe, Arizona 85281 Telephone: (480) 447-5357 ext. 1004 www.stonecanyonlaw.com

2024 09 12- FINAL- ROC Answer- Global adv Master Hands.pdf 20059K

https://mail.google.com/mail/b/AEoRXRSw3GOKLVoZxYA6fuALFmHQLVuhCehWm3AWXquMBRAJVLn8/u/0/?ik=581c53cf5c&view=pt&search=all&p… 1/1 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