2024A-09354-NPC-ROC Notice of Hearing & Packet MAILED

2024A-09354-NPC-ROC · Registrar of Contractors · 2024-09-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Builder Services Group Inc., Case No. 2024-09354 DBA: Gale Contractor Services, Docket No. 2024A-09354-NPC-ROC COMPLAINANT, NOTICE OF HEARING ON v. CONTESTED CASE Pinnacle Builders LLC License No. ROC 312965,

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 10:30 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 29, 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 19, 2024.

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

Copy mailed via USPS First Class mail September 19, 2024 to:

Respondent(s) Pinnacle Builders LLC 12950 E Shire Way Prescott Valley, AZ 86315

Complainant(s) Builder Services Group Inc. DBA: Gale Contractor Services 475 N Williamson Blvd Daytona Beach, FL 32114

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. 2024-09354 /

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 19, 2024

Via U.S. Mail and Email

Complainant Builder Services Group Inc DBA: Gale Contractor Services 475 N Williamson Blvd Daytona Beach, FL 32114

Builder Services Group Inc DBA: Gale Contractor Services 11610 E Santa Fe Loop Dewey, AZ 86327

Via U.S. Mail and Email

Respondent Pinnacle Builders LLC 12950 E Shire Way Prescott Valley, AZ 86315

Re: Complaint No. 2024-09354

Dear Complainant and Respondent:

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

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by August 26, 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, AZ 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before August 26, 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/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

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 For Current or Suspended Licensees Instructions & Checklist

Instructions • Complete the entire complaint form. Incomplete or unsigned forms may be returned to you, which will delay the complaint process. • Attach copies of documents and information as listed in the checklist below with your complaint form. Include copies of permits, invoices, advertisements, business cards and receipts. Do not send originals as they will not be returned to you. • Do not attach the following information or documentation with your complaint:  Photos (this includes photos stored on a disk or flash drive)  Sets of plans, specifications, drawings, sketches, etc.  Samples (such as flooring, brick, paint, roofing, landscape rock, etc.)

Checklist 1) Contract a) For written contracts, provide a copy of the original construction contract signed (by both parties) including all addenda and change orders. If the only written documents describing the contract are a proposal, bid, or invoice, please follow the instructions in b) for “if no written contract.” b) If no written contract, provide a written statement describing the agreement that includes the following information: i) The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed); ii) A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.); iii) A description of the work to be performed under the contract (including any addenda or change orders); iv) The names of the people who negotiated the contract; v) The agreed upon payment schedule; vi) An explanation of who was to receive payment; and vii) The date the work was to be completed. c) For complaints of non-payment between contractors, vendors, or material suppliers, provide a copy of: i) The credit applications. Redact all SSN and/or EIN information. ii) Invoices for services rendered and/or materials delivered. 2) Proof of Debt(s); Acceptable forms of proof of debt are copies of: a) Invoices. b) Contracts. c) Promissory notes. d) Other negotiable instruments.

RCC099 01/16 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) Builder Services Group Inc. DBA Gale Contractor Services ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Street Address City State Zip Code 11610 E. SANTA FE LOOP RD. DEWEY AZ 86327 Phone Number Email Address 928-778-0222 [email redacted] I consent to receive communications electronically in connection with this case. Yes ☐ No ☐

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) PINNACLE BUILDERS LLC 312965 Street Address City State Zip Code 12875 E. AMBLE WAY PRESCOTT VALLEY AZ 86315 Phone Number Email Address 928-308-0852 [email redacted] Name of Person(s) Representing License BEN WARNER Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $42,365.00 Have you filed a civil complaint? Yes ☐ (If yes, provide a copy of the civil judgment) No ☐

List all specific invoices which have not been paid. Attach additional pages if necessary. 1. 73011365 2. 73220419 3. 73625373 4. 73634196 5. 73635110; 73680586 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 VICTORIA POTTS 08/16/2024 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 VICTORIA POTTS 08/16/2024 INVOICE Page 1 of 1 Builder Services Group Inc.d/b/a Gale Customer Number 587876 Contractor Services, Invoice Number 73011365 Division Code :073 Invoice Date 14-DEC-23 LIC#: ROC189642, ROC190026, Sales Person Stegall, Paul Timothy ROC194618, ROC269072, ROC327340 Jr. 11610 E. Santa Fe Loop Rd., Trade INSULATION Dewey, AZ 86327-4463, Job Number [number redacted] (928) 778-0222

Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 6878 E CAMDEN LN 12875 E AMBLE WAY, PRESCOTT VALLEY,AZ, 86315 PRESCOTT VALLEY,AZ,86315,US

DETAILS PO# EXT.AMOUNT Spray Foam INS 10,880.00

SubTotal 10,880.00 Total Contract Amount 15,249.00 Completion to Date 10,880.00 Previous Billing 0.00 Previous Retainage Billing 0.00 Previous Retainage 0.00 Retention 0.00 Invoice Amount 10,880.00 Tax 0.00 Less: Current Retainage 0.00 Less: Payments 0.00 Due by 13-JAN-2024 10,880.00

Visit www.truteambillpay.com to manage your invoices and make payments online with TruTeam Bill Pay.

PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO PINNACLE BUILDERS LLC Remit To Address: Customer Number : 587876 ATTN: AR, Builder Services Group, Inc., Invoice Number: 73011365 P.O. Box 534451, Invoice Date : 14-DEC-23 Atlanta, GA, 30353-4451 PO Number : INS

Sales Person : Stegall, Paul Timothy Jr. Division Code : 073 Job Number : [number redacted] Due by 13-JAN-2024: 10,880.00 INVOICE Page 1 of 1 Builder Services Group Inc.d/b/a Gale Customer Number 587876 Contractor Services, Invoice Number 73220419 Division Code :073 Invoice Date 26-JAN-24 LIC#: ROC189642, ROC190026, Sales Person Stegall, Paul Timothy ROC194618, ROC269072, ROC327340 Jr. 11610 E. Santa Fe Loop Rd., Trade GARAGE DOOR Dewey, AZ 86327-4463, Job Number [number redacted] (928) 778-0222

Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 12875 E AMBLE WAY, VILLAFANA RESIDENCE/Lot /Block PRESCOTT VALLEY,AZ,86315,US 9334 N DAKOTA RD PRESCOTT VALLEY,AZ, 86315

DETAILS PO# EXT.AMOUNT BALANCE TO BILL GD 13,738.00

SubTotal 13,738.00 Total Contract Amount 19,035.00 Completion to Date 19,035.00 Previous Billing 5,297.00 Previous Retainage Billing 0.00 Previous Retainage 0.00 Retention 0.00 Invoice Amount 13,738.00 Tax 0.00 Less: Current Retainage 0.00 Less: Payments 0.00 Due by 25-FEB-2024 13,738.00

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PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO PINNACLE BUILDERS LLC Remit To Address: Customer Number : 587876 ATTN: AR, Builder Services Group, Inc., Invoice Number: 73220419 P.O. Box 534451, Invoice Date : 26-JAN-24 Atlanta, GA, 30353-4451 PO Number : GD

Sales Person : Stegall, Paul Timothy Jr. Division Code : 073 Job Number : [number redacted] Due by 25-FEB-2024: 13,738.00 INVOICE Page 1 of 1 Builder Services Group Inc.d/b/a Gale Customer Number 587876 Contractor Services, Invoice Number 73625373 Division Code :073 Invoice Date 04-APR-24 LIC#: ROC189642, ROC190026, Sales Person Stegall, Paul Timothy ROC194618, ROC269072, ROC327340 Jr. 11610 E. Santa Fe Loop Rd., Trade INSULATION Dewey, AZ 86327-4463, Job Number [number redacted] (928) 778-0222

Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 6978 E CACTUS BLOOM LN 12875 E AMBLE WAY, PRESCOTT VALLEY,AZ, 86315 PRESCOTT VALLEY,AZ,86315,US

DETAILS PO# EXT.AMOUNT Spray Foam INS 7,134.00

SubTotal 7,134.00 Total Contract Amount 10,077.00 Completion to Date 7,134.00 Previous Billing 0.00 Previous Retainage Billing 0.00 Previous Retainage 0.00 Retention 0.00 Invoice Amount 7,134.00 Tax 0.00 Less: Current Retainage 0.00 Less: Payments 0.00 Due by 04-MAY-2024 7,134.00

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PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO PINNACLE BUILDERS LLC Remit To Address: Customer Number : 587876 Attn AR, Builder Services Group Inc.d/b/a Gale Invoice Number: 73625373 Contractor Services Invoice Date : 04-APR-24 11610 E. Santa Fe Loop Rd., PO Number : INS DEWEY, AZ, 86327 Sales Person : Stegall, Paul Timothy Jr. Division Code : 073 Job Number : [number redacted] Due by 04-MAY-2024: 7,134.00 INVOICE Page 1 of 1 Builder Services Group Inc.d/b/a Gale Customer Number 587876 Contractor Services, Invoice Number 73634196 Division Code :073 Invoice Date 05-APR-24 LIC#: ROC189642, ROC190026, Sales Person Stegall, Paul Timothy ROC194618, ROC269072, ROC327340 Jr. 11610 E. Santa Fe Loop Rd., Trade INSULATION Dewey, AZ 86327-4463, Job Number [number redacted] (928) 778-0222

Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 6916 E CAMDEN LN 12875 E AMBLE WAY, PRESCOTT VALLEY,AZ, 86315 PRESCOTT VALLEY,AZ,86315,US

DETAILS PO# EXT.AMOUNT Batt INS 2,718.00

SubTotal 2,718.00 Total Contract Amount 15,247.00 Completion to Date 12,580.00 Previous Billing 9,862.00 Previous Retainage Billing 0.00 Previous Retainage 0.00 Retention 0.00 Invoice Amount 2,718.00 Tax 0.00 Less: Current Retainage 0.00 Less: Payments 0.00 Due by 05-MAY-2024 2,718.00

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PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO PINNACLE BUILDERS LLC Remit To Address: Customer Number : 587876 Attn AR, Builder Services Group Inc.d/b/a Gale Invoice Number: 73634196 Contractor Services Invoice Date : 05-APR-24 11610 E. Santa Fe Loop Rd., PO Number : INS DEWEY, AZ, 86327 Sales Person : Stegall, Paul Timothy Jr. Division Code : 073 Job Number : [number redacted] Due by 05-MAY-2024: 2,718.00 INVOICE Page 1 of 1 Builder Services Group Inc.d/b/a Gale Customer Number 587876 Contractor Services, Invoice Number 73635110 Division Code :073 Invoice Date 05-APR-24 LIC#: ROC189642, ROC190026, Sales Person Stegall, Paul Timothy ROC194618, ROC269072, ROC327340 Jr. 11610 E. Santa Fe Loop Rd., Trade INSULATION Dewey, AZ 86327-4463, Job Number [number redacted] (928) 778-0222

Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 6916 E CAMDEN LN 12875 E AMBLE WAY, PRESCOTT VALLEY,AZ, 86315 PRESCOTT VALLEY,AZ,86315,US

DETAILS PO# EXT.AMOUNT Spray Foam INS 9,862.00

SubTotal 9,862.00 Total Contract Amount 15,247.00 Completion to Date 12,580.00 Previous Billing 2,718.00 Previous Retainage Billing 0.00 Previous Retainage 0.00 Retention 0.00 Invoice Amount 9,862.00 Tax 0.00 Less: Current Retainage 0.00 Less: Payments 0.00 Due by 05-MAY-2024 9,862.00

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PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO PINNACLE BUILDERS LLC Remit To Address: Customer Number : 587876 Attn AR, Builder Services Group Inc.d/b/a Gale Invoice Number: 73635110 Contractor Services Invoice Date : 05-APR-24 11610 E. Santa Fe Loop Rd., PO Number : INS DEWEY, AZ, 86327 Sales Person : Stegall, Paul Timothy Jr. Division Code : 073 Job Number : [number redacted] Due by 05-MAY-2024: 9,862.00 INVOICE Page 1 of 1 Builder Services Group Inc.d/b/a Gale Customer Number 587876 Contractor Services, Invoice Number 73680586 Division Code :073 Invoice Date 15-APR-24 LIC#: ROC189642, ROC190026, Sales Person Stegall, Paul Timothy ROC194618, ROC269072, ROC327340 Jr. 11610 E. Santa Fe Loop Rd., Trade INSULATION Dewey, AZ 86327-4463, Job Number [number redacted] (928) 778-0222

Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 6916 E CAMDEN LN 12875 E AMBLE WAY, PRESCOTT VALLEY,AZ, 86315 PRESCOTT VALLEY,AZ,86315,US

DETAILS PO# EXT.AMOUNT Walls (Cell Spray) INS 2,667.00

SubTotal 2,667.00 Total Contract Amount 15,247.00 Completion to Date 15,247.00 Previous Billing 12,580.00 Previous Retainage Billing 0.00 Previous Retainage 0.00 Retention 0.00 Invoice Amount 2,667.00 Tax 0.00 Less: Current Retainage 0.00 Less: Payments 0.00 Due by 15-MAY-2024 2,667.00

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Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

CUSTOMER/BUILDER JOB SITE INFORMATION TRADE: INSULATION PINNACLE BUILDERS LLC / 587876 6878 E CAMDEN QUOTE #: 81966187 / 2 12875 E AMBLE WAY PRESCOTT VALLEY, AZ 86315 ISSUE DATE: 11-28-2023 PRESCOTT VALLEY, AZ 86315 SALES PERSON: Stegall, Paul Timothy (928) 642-7942 Jr.

Base Work Area Item Roof Area OPEN CELL FOAM R-26 ENERTITE G = 7 Nominal Inches Gable Walls OPEN CELL FOAM R-15 ENERTITE G = 4 Nominal Inches Exterior Walls IBL USG ALL-IN-ONE ALL-BORATE 25 LB R-21 WALL SPRAY Garage Common Wall IBL USG ALL-IN-ONE ALL-BORATE 25 LB R-21 WALL SPRAY Garage Common Wall NET, 122”X 600’ FOLDED MESH Garage Exterior Walls IBA CT R-19 UNF 15.25"X93" 88.64 SF Garage Ceiling Area OPEN CELL FOAM R-26 ENERTITE G = 7 Nominal Inches Air Infiltration FOAM TOUCH N SEAL NO WARP 20 OZ. 1" & LABOR Air Infiltration FOAM TOUCH N SEAL[REG] GUN FIREBLOCK POLY SEALANT 24 OZ. Sound Wall IBA CT R-13 KFT 15"X93" 125.94 SF Roof Area POLY FILM,2M8'4" X200'CLR Front and Rear Patios R-11 ENERTITE MAX = 3 Nominal Inches OPEN CELL FOAM

BASE TOTAL: $15,249.00

NOTE: This agreement consists of multiple pages. If you do not receive the number of pages noted below, please contact Contractor directly at the telephone number stated above. Draft stop, fire block, fire stop (IBC 718.4.1, 718.4.2 and 718.4.3 or locally adopted equivalent), and fire rated caulking are not included within Contractor’s Work unless specifically listed above. Contractor is willing to furnish to you all material and labor required for the Scope of Work, subject to the terms and conditions stated in this agreement.

TERMS OF PAYMENT: Payment in full due as stated on invoice regardless of any payment arrangements you have with third parties. Visit www.truteambillpay.com to manage your invoices and make payments online with TruTeam Bill Pay.

CELLULOSE NOTICE. If cellulose is to be applied with a wet spray application, you must allow adequate time for it to cure and dry before installing drywall or other materials. The adequate time required varies depending upon climate, altitude and weather. Do not install vapor barriers, vapor retarders, dry wall, or other interior finish until the material has dried to less than 20% moisture content. Time to cure will vary based on climate and weather. Be sure to schedule your trades accordingly.

ACCEPTANCE: Contractor may change and/or withdraw this agreement if Contractor does not receive your signed acceptance within 10 business days after the Date stated above.

PRICING: The prices stated in the Scope of Work above will remain firm for 60 days after the Date stated above. If performance of this agreement extends beyond this 60 day period, you agree to pay Contractor’s then current pricing (“Price”) for any Work performed after that 60 day period. The Prices are based only on the terms and conditions expressly stated in this agreement. The Prices exclude any and all terms and conditions not expressly stated herein, including, without limitation, any obligation by Contractor to name you or any third-party as an additional insured on its insurance policy; to provide per project aggregate insurance coverage for the Work; to participate in any owner controlled, wrap, or similar insurance program; to indemnify or defend you or any third-party from any claims, actions and/or lawsuits of any kind or nature whatsoever except to the limited extent state in Section 18 of this agreement. Any terms or conditions required by you by contract or otherwise in addition to or inconsistent with those expressly stated in this agreement will result in additional charges and/or higher Prices. Any additional work performed is subject to Contractor’s then current pricing (unless Contractor otherwise agrees in writing) and to this agreement.

THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS AGREEMENT NOR ITS TERMS MAY BE DISCLOSED TO THIRD PARTIES.

1. ACCEPTANCE. This agreement is expressly limited to and made conditional upon your acceptance of its terms and conditions. Any of your terms and conditions which are in addition to or different from those contained herein which are not separately agreed to in writing (except additional provisions specifying quantity, description of the products or work ordered and shipping instructions) are deemed material and are hereby objected to and rejected. You waive your objection to any terms and conditions contained herein if Contractor does not receive written notice of your objection within ten business days of the date of this agreement. You will in any event be deemed to have assented to all terms and conditions contained herein if any part of the products or work described herein are provided or performed. Please note particularly the Limited Warranty, Limitation of Remedies and Limitations on Actions and Liability provisions set forth below. You acknowledge that the prices stated are based on the enforceability of these terms and conditions, and on the Limited Warranty, Limitation of Remedies and Limitation of Actions and Liability provisions below, that the price would be substantially higher if Contractor could not limit its liability as herein provided, and that you accept these provisions in exchange for such lower prices. 2. LIMITED WARRANTY. All work performed by Contractor is warranted to be free from defects in material and workmanship for one year from the date of completion of the installation subject to the terms below. Contractor makes no warranties regarding products sold but assigns to you any manufacturer warranties relating to the products. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This limited warranty does not cover damages relating to (a) accident, misuse, abuse, neglect, or normal wear and tear: (b) failure to use or maintain the product in accordance with manufacturer’s instructions; and (c) alteration, repair or attempted repair by anyone other than Contractor or its authorized representative. You shall be solely responsible for the correctness of the plans and specifications and shall release and hold harmless Contractor from any damages resulting from improper, inadequate or vague information supplied by you. Contractor does not take on any obligation to inspect or evaluate the work of other parties in any manner or aspect. This warranty is not transferable. 3. INSURANCE. Contractor shall maintain workers’ compensation (employer liability), as required by law, and $1,000,000 in general liability insurance while performing the work. Contractor reserves the right to be self insured to the extent allowed by applicable law. Contractor does not agree to name any other persons or entities as additional insureds. 4. LIMITATION OF REMEDIES. Your sole and exclusive remedy against Contractor for any and all claims for damages arising out of or alleged to have arisen out the Work will be limited to the repair or replacement by Contractor, at Contractor's option, of any nonconforming work or to the issuance of a credit for such nonconforming work in accordance with these terms and conditions provided Contractor is given a reasonable opportunity to inspect the work and confirms such nonconformity. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Contractor is willing and able to repair or replace the nonconforming work and, in any event, Contractor's maximum liability for any damages shall be limited to the total amount paid to Contractor for the Work under this agreement. This Limitation of Remedies clause shall apply to the parties to this agreement as well as to the current owner(s) of the project and its/ their respective successors and assigns. If you receive a claim for damages by any owner arising out of or alleged to have arisen out of the Work, you agree to give written notice to Contractor of the claim and provide Contractor an opportunity to inspect the alleged damages within 30 days after Contractor’s receipt of the notice. If you fail to give the required notice and/or fail to allow Contractor an opportunity to inspect the allege damages within 30 days, you hereby waive any and all rights for damages and/or correction of work against Contractor. This Limitations of Remedies may be plead as a complete bar to any action in violation of this clause. 5. LIMITATIONS ON ACTIONS AND LIABILITY. All claims and/or lawsuits including but not limited to claims or lawsuits for indemnity and/or contribution against Contractor arising under this agreement must be made within 13 months from the date of completion of the installation. CONTRACTOR WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM DELAY IN DELIVERY OF THE PRODUCTS OR FOR ANY FAILURE TO PERFORM THAT IS DUE TO CIRCUMSTANCES BEYOND ITS CONTROL. CONTRACTOR DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGE WHICH MIGHT BE SUSTAINED BY ANY PERSON WHO MAY BE ALLERGIC TO OR AFFECTED BY THE EMANATION OF PARTICLES FROM CERTAIN TYPES OF INSULATION. THE MAXIMUM LIABILITY, IF ANY, OF CONTRACTOR FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM CONTRACTOR'S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT WITH RESPECT TO THE PRODUCTS, OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE CONTRACT PRICE. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES AND PROFITS, ATTORNEYS FEES AND/OR COSTS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS YOUR EXCLUSIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6. PRICES, TERMS AND SHIPMENT. No cash discounts, back charges, set offs or counterclaims are allowed unless specified by Contractor. In addition to the prices specified, you agree to pay any federal, state or local excise, use, occupational, or similar tax now in force or to be enacted in the future, assessed against Contractor or you by reason of this transaction. No retention is permitted unless Contractor agrees otherwise in writing. Any past due payment will be, at Contractor’s option, subject to interest at 1.5% per month (18% per annum) to the extent permitted by law. You agree to receive (or permit Contractor to receive) near the work site, any materials needed to complete the Work. You agree to protect such materials from damage or loss and provide Contractor, free of charge, with reasonable use of light, heat, water, power, storage space and use of available elevators and hoists as needed. Title to all materials under this agreement shall not transfer to you until Contractor receives payment in full. Contractor may charge you a fee and its actual expenses if the job site is not ready for work on the date you specify. 7. FORCE MAJEURE. Contractor shall not be liable for any delay, failures, or default in performance of this agreement or otherwise, in whole or in part, caused by the occurrence of any contingency beyond the control either of Contractor or of suppliers to the Contractor. Such contingencies include but are not limited to failure or delay in transportation, acts of any government or any agency or subdivision thereof, judicial ac-tion, labor disputes, fire, accident, acts of nature, severe weather, product allocation or shortages, labor shortages, fuel shortages, raw material shortages, machinery or techni-cal failure, or work that cannot be completed because of another contractor covering the pertinent portion of the building. If any contingency occurs, Contractor may allocate pro-duction, de-liveries, and performance of work among its customers or substitute substantially similar materials, in its sole discretion, without liability for doing so. 8. CONFIDENTIALITY. If you vis-it Contractor's premises or you otherwise receive any pro-prietary or confidential information from Contractor, you shall retain such infor-mation as confidential and not use or disclose it to any third party without Contractor’s written consent. 9. CREDIT APPROVAL. Shipment and delivery of goods and performance of work shall at all times be subject to the ap-proval of Contractor's credit department and Contractor may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or upon terms and condi-tions or security satisfactory to Contractor. By signing this agreement, you authorize Contractor to check your credit and references. 10. CANCELLATION. This agreement, or any part of it, may only be cancelled with Contractor's written approval. In the event of cancellation of this agreement, or any part hereof, you shall pay: (a) the contract price of all completed items; (b) that portion of the contract price that is equal to the degree of completion of products or work in process, effective on the date Contractor receives notice of cancellation; (c) the cost of any materials and supplies which Contractor shall have purchased to perform and which cannot be readily resold or used for other or similar purposes; (d) a restocking fee; and (e) any expenses incurred by Contractor (including legal fees and judgments) as a result of the cancellation of subcontracts or purchases related to this agreement. 11. DEFAULT. You may terminate this agreement for Contractor's default, wholly or in part, by giving Contractor written notice of termination as follows. You may give a written notice of termination only if Contractor has received a written notice from you specifying such default, the default is not excusable under any provision hereof, and the default has not been remedied within thirty (30) days (or such longer period as may be reasonable under the circumstances) after Contractor’s receipt of the notice of default. Delivery of nonconforming products or work by Contractor shall give you the rights set forth in paragraph 4 hereof but shall not be deemed a default for purposes of termination. In the event of termination for default, you shall be relieved of the obligation to pay for work not performed by Contractor prior to the effective date of such termination. A default on Contractor's part shall not subject Contractor to liability, through payment by Contractor, set off or otherwise, for any other damages, whether direct, consequential or incidental, and whether sought under theories of contract or tort. 12. ASSIGNMENT. You may not assign this agreement or any claim against Contractor relating to this agreement. 13. GOVERNING LAW. This agreement shall be construed, interpreted and the rights of the parties determined in accordance with the laws of the State of Contractor’s address first listed on the front of this agreement. 14. DISPUTES AND MANDATORY MEDIATION. In the event that a dispute arises over the reasonableness of or entitlement to fees charged by Contractor, the prevailing party will be entitled to reasonable attorneys fees and costs. In all other disputes of any nature, each party shall pay its own fees and costs. Except as required to protect confidential information and to obtain preliminary injunctive relief to prevent irreparable harm, you and the Contractor agree that prior to the initiation of any legal action the parties will engage in facilitative mediation of any and all disputes in any way related to this agreement. If the parties cannot agree upon a facilitative mediator within days of when the dispute arose, one will be selected pursuant to the Commercial Mediation Rules of the American Arbitration Association. Each party will share equally the fees of the facilitative mediator and costs of the mediation. 15. INSULATION DOES NOT PREVENT FROZEN PIPES. Insulating around water lines in an unconditioned or semi-conditioned area will not prevent pipes from freezing or accumulating condensation. To decrease the possibility of frozen pipes, locate any water pipes within a conditioned area, such as internal walls rather than external walls. If You do not locate the pipes within an internal wall, you hold Contractor harmless and release Contractor from any claims relating to frozen or burst pipes. 16. SEVERABILITY. If any provision on this agreement is not enforceable, that provision shall be effective only to the extent permitted by law and all other provisions of this agreement shall remain. 17. ENTIRE AGREEMENT. This instrument contains the entire agreement of the parties relating to the subject matter hereof and may only be waived, changed, modified, extended or discharged orally by a writing signed by the party against whom enforcement of any such waiver, change, modification, extension or discharge is sought. The terms and conditions of this agreement supersede any agreement to which it is attached. 18. INDEMNITY. Each of the parties to this agreement agrees to defend and indemnify one another from any and all claims, actions and/or lawsuits caused by the party’s negligent acts or omissions. This indemnity clause and the obligations created herein shall control and take priority over any contrary indemnity agreement entered into prior to this agreement. Furthermore, this indemnity clause and the obligations created herein shall control and take priority over any contrary indemnity agreement entered into subsequent to this agreement unless the subsequent agreement specifically refers to this indemnity clause and declares it null and void.

BUILDER SERVICES GROUP INC.D/B/A GALE CONTRACTOR SERVICES ADDENDUM License #:ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

Builder Services Group Inc.d/b/a Gale Contractor Services ("Contractor") and Customer each agree to amend the agreement ("Agreement") for the Project specified above as follows:

CUSTOMER: CONTRACTOR:

By: By:

Date: Date:

BUILDER SERVICES GROUP INC.D/B/A GALE CONTRACTOR SERVICES WORK AGREEMENT License #:ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

CUSTOMER/BUILDER JOB SITE INFORMATION TRADE: INSULATION PINNACLE BUILDERS LLC / 587876 6916 E CAMDEN QUOTE #: 81966141 / 2 12875 E AMBLE WAY PRESCOTT VALLEY, AZ 86315 ISSUE DATE: 03-14-2024 PRESCOTT VALLEY, AZ 86315 SALES PERSON: Stegall, Paul Timothy (928) 642-7942 Jr.

Base Work Area Item Roof Area R-26 ENERTITE MAX = 7 Nominal Inches OPEN CELL FOAM Gable Walls R-15 ENERTITE MAX = 4 Nominal Inches OPEN CELL FOAM Exterior Walls IBL USG ALL-IN-ONE ALL-BORATE 25 LB R-21 WALL SPRAY Garage Common Wall IBL USG ALL-IN-ONE ALL-BORATE 25 LB R-21 WALL SPRAY Garage Common Wall NET, 122”X 600’ FOLDED MESH Garage Exterior Walls IBA CT R-19 UNF 15.25"X93" 88.64 SF Garage Ceiling Area R-26 ENERTITE MAX = 7 Nominal Inches OPEN CELL FOAM Air Infiltration FOAM TOUCH N SEAL NO WARP 20 OZ. 1" & LABOR Air Infiltration FOAM TOUCH N SEAL[REG] GUN FIREBLOCK POLY SEALANT 24 OZ. Sound Wall IBA CT R-13 KFT 15"X93" 125.94 SF

BASE TOTAL: $15,247.00

ACCEPTANCE: Contractor may change and/or withdraw this agreement if Contractor does not receive your signed acceptance within 10 business days after the Date stated above.

THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS AGREEMENT NOR ITS TERMS MAY BE DISCLOSED TO THIRD PARTIES.

BUILDER SERVICES GROUP INC.D/B/A GALE CONTRACTOR SERVICES ADDENDUM License #:ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

Builder Services Group Inc.d/b/a Gale Contractor Services ("Contractor") and Customer each agree to amend the agreement ("Agreement") for the Project specified above as follows:

CUSTOMER: CONTRACTOR:

By: By:

Date: Date:

BUILDER SERVICES GROUP INC.D/B/A GALE CONTRACTOR SERVICES WORK AGREEMENT License #:ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

CUSTOMER/BUILDER JOB SITE INFORMATION TRADE: INSULATION PINNACLE BUILDERS LLC / 587876 6978 E CACTUS BLOOM QUOTE #: 82054859 / 2 12875 E AMBLE WAY PRESCOTT VALLEY, AZ 86315 ISSUE DATE: 03-14-2024 PRESCOTT VALLEY, AZ 86315 SALES PERSON: Stegall, Paul Timothy (928) 642-7942 Jr.

BASE TOTAL: $10,077.00 OPTIONS - Initial the sections that you would like added and/or reduced from base total.

SOUND WALLS (SEE ATTACHED DIAGRAM) Work Area Item Sound Wall IBA CT R-13 KFT 15"X93" 125.94 SF

Initial:___________________ TOTAL for option: + $905.00

ACCEPTANCE: Contractor may change and/or withdraw this agreement if Contractor does not receive your signed acceptance within 10 business days after the Date stated above.

coverage for the Work; to participate in any owner controlled, wrap, or similar insurance program; to indemnify or defend you or any third-party from any claims, actions and/or lawsuits of any kind or nature whatsoever except to the limited extent state in Section 18 of this agreement. Any terms or conditions required by you by contract or otherwise in addition to or inconsistent with those expressly stated in this agreement will result in additional charges and/or higher Prices. Any additional work performed is subject to Contractor’s then current pricing (unless Contractor otherwise agrees in writing) and to this agreement.

THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS AGREEMENT NOR ITS TERMS MAY BE DISCLOSED TO THIRD PARTIES.

BUILDER SERVICES GROUP INC.D/B/A GALE CONTRACTOR SERVICES ADDENDUM License #:ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

Builder Services Group Inc.d/b/a Gale Contractor Services ("Contractor") and Customer each agree to amend the agreement ("Agreement") for the Project specified above as follows:

CUSTOMER: CONTRACTOR:

By: By:

Date: Date:

RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

Stockton III

11/28/23 Owner RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

x Stockbridge IV

Owner 5/31/22 RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

x No windows

Owner 5/31/22 RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

Owner 3/15/24 RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

x Stockton III

Owner 3/14/24 8/26/24, 9:21 AM State of Arizona Mail - No Pay Notice 2024-09354

Legal New Mail - AZROC <[email redacted]>

No Pay Notice 2024-09354 message

Ben Warner <[email redacted]> Fri, Aug 23, 2024 at 7:27 AM To: [email redacted]

This is a response in regards to no pay complaint

We have full intention of paying balance owed. A couple of these items have since been paid. We have had issue with lender on these and I am waiting to be paid. I have made Gale aware they will be paid and just not as quickly as wed hope. I do not have cash flow to cover

Ben Warner 928-308-0852 [email redacted]

https://mail.google.com/mail/b/AEoRXRR4_RWb7aAl4BPnd6cRJ_ljaz_QGX9a6TzPlPbWTmz33jI8/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Builder Services Group Inc, Case No. 2024-09354 DBA: Gale Contractor Services,

COMPLAINANT, v. Pinnacle Builders LLC, CITATION License No. ROC 312965, RESPONDENT.

The Registrar issues this Citation to Pinnacle Builders LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 13, 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 16, 2024, Builder Services Group Inc DBA: Gale Contractor Services (“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

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 $750 when due for materials or services rendered in connection with the licensee’s operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 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. 2024-09354. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 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 13, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

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 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 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).

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 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 29, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 29, 2024 to: Respondent Certified Mail No: [number redacted] Pinnacle Builders LLC 12950 E Shire Way Prescott Valley, AZ 86315

/// ///

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 Copy mailed by USPS First Class Mail this same date to: Respondent Pinnacle Builders LLC 12950 E Shire Way Prescott Valley, AZ 86315 Complainant Builder Services Group Inc DBA: Gale Contractor Services 475 N Williamson Blvd Daytona Beach, FL 32114

Builder Services Group Inc DBA: Gale Contractor Services 11610 E Santa Fe Loop Dewey, AZ 86327 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. 2024-09354 / KR

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 Non-Payment Complaint Form For Current or Suspended Licensees Instructions & Checklist

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 6878 E CAMDEN LN 12875 E AMBLE WAY, PRESCOTT VALLEY,AZ, 86315 PRESCOTT VALLEY,AZ,86315,US

DETAILS PO# EXT.AMOUNT Spray Foam INS 10,880.00

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Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 12875 E AMBLE WAY, VILLAFANA RESIDENCE/Lot /Block PRESCOTT VALLEY,AZ,86315,US 9334 N DAKOTA RD PRESCOTT VALLEY,AZ, 86315

DETAILS PO# EXT.AMOUNT BALANCE TO BILL GD 13,738.00

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Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 6978 E CACTUS BLOOM LN 12875 E AMBLE WAY, PRESCOTT VALLEY,AZ, 86315 PRESCOTT VALLEY,AZ,86315,US

DETAILS PO# EXT.AMOUNT Spray Foam INS 7,134.00

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Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 6916 E CAMDEN LN 12875 E AMBLE WAY, PRESCOTT VALLEY,AZ, 86315 PRESCOTT VALLEY,AZ,86315,US

DETAILS PO# EXT.AMOUNT Batt INS 2,718.00

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PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO PINNACLE BUILDERS LLC Remit To Address: Customer Number : 587876 Attn AR, Builder Services Group Inc.d/b/a Gale Invoice Number: 73634196 Contractor Services Invoice Date : 05-APR-24 11610 E. Santa Fe Loop Rd., PO Number : INS DEWEY, AZ, 86327 Sales Person : Stegall, Paul Timothy Jr. Division Code : 073 Job Number : [number redacted] Due by 05-MAY-2024: 2,718.00 INVOICE Page 1 of 1 Builder Services Group Inc.d/b/a Gale Customer Number 587876 Contractor Services, Invoice Number 73635110 Division Code :073 Invoice Date 05-APR-24 LIC#: ROC189642, ROC190026, Sales Person Stegall, Paul Timothy ROC194618, ROC269072, ROC327340 Jr. 11610 E. Santa Fe Loop Rd., Trade INSULATION Dewey, AZ 86327-4463, Job Number [number redacted] (928) 778-0222

Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 6916 E CAMDEN LN 12875 E AMBLE WAY, PRESCOTT VALLEY,AZ, 86315 PRESCOTT VALLEY,AZ,86315,US

DETAILS PO# EXT.AMOUNT Spray Foam INS 9,862.00

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PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO PINNACLE BUILDERS LLC Remit To Address: Customer Number : 587876 Attn AR, Builder Services Group Inc.d/b/a Gale Invoice Number: 73635110 Contractor Services Invoice Date : 05-APR-24 11610 E. Santa Fe Loop Rd., PO Number : INS DEWEY, AZ, 86327 Sales Person : Stegall, Paul Timothy Jr. Division Code : 073 Job Number : [number redacted] Due by 05-MAY-2024: 9,862.00 INVOICE Page 1 of 1 Builder Services Group Inc.d/b/a Gale Customer Number 587876 Contractor Services, Invoice Number 73680586 Division Code :073 Invoice Date 15-APR-24 LIC#: ROC189642, ROC190026, Sales Person Stegall, Paul Timothy ROC194618, ROC269072, ROC327340 Jr. 11610 E. Santa Fe Loop Rd., Trade INSULATION Dewey, AZ 86327-4463, Job Number [number redacted] (928) 778-0222

Customer Bill To Address Job Site Address PINNACLE BUILDERS LLC 6916 E CAMDEN LN 12875 E AMBLE WAY, PRESCOTT VALLEY,AZ, 86315 PRESCOTT VALLEY,AZ,86315,US

DETAILS PO# EXT.AMOUNT Walls (Cell Spray) INS 2,667.00

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Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

BASE TOTAL: $15,249.00

ACCEPTANCE: Contractor may change and/or withdraw this agreement if Contractor does not receive your signed acceptance within 10 business days after the Date stated above.

THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS AGREEMENT NOR ITS TERMS MAY BE DISCLOSED TO THIRD PARTIES.

BUILDER SERVICES GROUP INC.D/B/A GALE CONTRACTOR SERVICES ADDENDUM License #:ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

Builder Services Group Inc.d/b/a Gale Contractor Services ("Contractor") and Customer each agree to amend the agreement ("Agreement") for the Project specified above as follows:

CUSTOMER: CONTRACTOR:

By: By:

Date: Date:

BUILDER SERVICES GROUP INC.D/B/A GALE CONTRACTOR SERVICES WORK AGREEMENT License #:ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

BASE TOTAL: $15,247.00

ACCEPTANCE: Contractor may change and/or withdraw this agreement if Contractor does not receive your signed acceptance within 10 business days after the Date stated above.

THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS AGREEMENT NOR ITS TERMS MAY BE DISCLOSED TO THIRD PARTIES.

BUILDER SERVICES GROUP INC.D/B/A GALE CONTRACTOR SERVICES ADDENDUM License #:ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

Builder Services Group Inc.d/b/a Gale Contractor Services ("Contractor") and Customer each agree to amend the agreement ("Agreement") for the Project specified above as follows:

CUSTOMER: CONTRACTOR:

By: By:

Date: Date:

BUILDER SERVICES GROUP INC.D/B/A GALE CONTRACTOR SERVICES WORK AGREEMENT License #:ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

BASE TOTAL: $10,077.00 OPTIONS - Initial the sections that you would like added and/or reduced from base total.

SOUND WALLS (SEE ATTACHED DIAGRAM) Work Area Item Sound Wall IBA CT R-13 KFT 15"X93" 125.94 SF

Initial:___________________ TOTAL for option: + $905.00

ACCEPTANCE: Contractor may change and/or withdraw this agreement if Contractor does not receive your signed acceptance within 10 business days after the Date stated above.

THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS AGREEMENT NOR ITS TERMS MAY BE DISCLOSED TO THIRD PARTIES.

BUILDER SERVICES GROUP INC.D/B/A GALE CONTRACTOR SERVICES ADDENDUM License #:ROC189642, ROC190026, ROC194618, ROC269072, ROC327340

Branch#: 073 | 11610 E. Santa Fe Loop Rd. | Dewey, AZ 86327-4463 | (928) 778-0222

Builder Services Group Inc.d/b/a Gale Contractor Services ("Contractor") and Customer each agree to amend the agreement ("Agreement") for the Project specified above as follows:

CUSTOMER: CONTRACTOR:

By: By:

Date: Date:

RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

Stockton III

11/28/23 Owner RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

x Stockbridge IV

Owner 5/31/22 RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

x No windows

Owner 5/31/22 RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

Owner 3/15/24 RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL RECEIVED 08/16/2024 ROC LEGAL

Owner

Pinnacle Builders, LLC RECEIVED 08/16/2024 ROC LEGAL

x Stockton III

Owner 3/14/24 Received 9/13/2024 ROC Legal

Written Answer to Citation and Complaint

Case No. 2024-09354

Respondent Pinnacle Builders, L.L.C. hereby makes its Answer to the Citation dated August 29th , 2024 in this matter. There is good cause why its license should not be suspended or revoked under A.R.S. § 32-1155(A). Pinnacle Builders, LLC responds to the Written Directive requirements by stating the following for each charge

Charge 1: I have been trying working with this vendor to resolve the outstanding balance. Due to some very unforeseen circumstances this has been difficult to do as quickly as we both would like. I am asking for 90 days to have this resolved completely with Complainant. I have not been paid on several jobs we have going which has greatly affect ability to pay and currently going through steps needed to resolve those balances. We have a couple projects closing soon so I can take care of this balance owed. We acknowledge and do not deny that this balance is owed

Ben Warner- Owner Pinnacle Builders, LLC Received 9/13/24, 9:04 AM State of Arizona Mail - Case No. 2024-09354 9/13/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2024-09354 message

Ben Warner <[email redacted]> Fri, Sep 13, 2024 at 9:00 AM To: [email redacted]

Below is answer/response to case # Case No. 2024-09354

Ben Warner Pinnacle Builders, LLC 928-308-0852

Written Answer to Citation and Complaint-.pdf 131K

https://mail.google.com/mail/b/AEoRXRQOwh0Je5uEo7f25PCWy1Wa1Co9AkInVaAKK-x1ihCSzGzy/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 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.

08/16/2024 Print Name Signature Date

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