2024A-09907-NPC-ROC Notice of Hearing & Packet MAILED 2024-09907.pdf

2024A-09907-NPC-ROC · Registrar of Contractors · 2024-10-24

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ligon Excavation Inc., Case No. 2024-09907

COMPLAINANT, Docket No. 2024A-09907-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE NRG Building Specialists LLC License No. ROC 274856,

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

HEARING INFORMATION The hearing is set for:

December 10, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on September 19, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

1156(B).

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

HEARING PROCEDURES AND RULES

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

HEARING PACKET

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

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

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

DISCLOSURE STATEMENT

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated October 24, 2024.

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

Copy mailed via USPS First Class mail October 24, 2024 to:

Respondent(s) NRG Building Specialists LLC 287 Schnebly Hill Rd Sedona, AZ 86336

Complainant(s) Ligon Excavation Inc. PO Box 442 Camp Verde, AZ 86322

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. 2024-09907 /

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

September 4, 2024

Via U.S. Mail and Email

Complainant Ligon Excavation Inc PO Box 442 Camp Verde, AZ 86322

Via U.S. Mail and Email

Respondent NRG Building Specialists LLC 287 Schnebly Hill Rd Sedona, AZ 86336

Re: Complaint No. 2024-09907

Dear Complainant and Respondent:

The Registrar received a complaint filed against NRG Building Specialists 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. Contract signed by both parties, but if there was no written contract, then a written statement 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. bid, proposal, invoice, receipt); III. The names of the people who negotiated the contract; IV. A description of the work to be performed under the contract (including any addenda or change orders); V. The date the work was to be completed; VI. The agreed upon payment schedule; and VII. An explanation of who was to receive payment

Please provide all requested information by September 14, 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, AZ 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Email: [email redacted]

1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 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/ 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 Lg100a 11/23 RECEIVED 09/10/2024 ROC LEGAL Legal New Mail - AZROC <[email redacted]>

RE Complaint No. 2024-09907 message

Terry Ligon <[email redacted]> Tue, Sep 10, 2024 at 1:32 PM To: "[email redacted]" <[email redacted]>

Please see the attached explanation of how NRG has conducted business with Ligon Excavation, supporting invoices and email correspondences.

Please let us know if you have any questions or if we can further clarify anything for your review.

---------- Forwarded message ---------- From: Jan Tijmes <[email redacted]> To: Terry Ligon <[email redacted]> Cc: Bcc: Date: Tue, 3 Sep 2024 22:05:50 +0000 Subject: RE: invoices

Terry,

Again, the “about $1000” that’s being referred to in the email attachment was for our construction phase services; for my hours to go out there and work on construction drawings, etc. We did not submit a bill to Susan & Roger for the control panel, because we do not invoice for parts. Only my labor was billed to them.

Per Susan, around mid-July, she has checks & invoices all detailing this issue. According to her, Kris owes you the money.

Here was my email to you previously after I had spoken to her:

<<<Terry,

Susan has paid this amount. It was $980 plus tax that she paid NRG on 4/26/24 with check # 4830 for a grand total of $1020.45.

She paid this as part of a large invoice from NRG made up of 2 invoices. One was for Inv. 1277C and one for Inv. 1279C.

So please discuss this with Kris. I have a breakdown of total $$, check numbers, and invoice numbers if needed. RECEIVED Jan 09/10/2024 ROC LEGAL >>>

From: Terry Ligon <[email redacted]> Sent: Tuesday, September 3, 2024 12:53 PM To: Jan Tijmes <[email redacted]> Subject: FW: invoices

So who owes me the money ? I paid for the panel. Terry Ligon From: Kris <[email redacted]>Sent: Wednesday, August 14, 2024 9:38 AMTo: Terry Ligon <[email redacted]>Subject: invoices Terry See attached letter from Bigelow I Have not seen a check but will check a

So who owes me the money ? I paid for the panel. Terry Ligon

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 9:38 AM To: Terry Ligon <[email redacted]> Subject: invoices

Terry

See attached letter from Bigelow I Have not seen a check but will check and see if they have paid I have asked for this payment from the start

Invoice #9268 I will check but I understood this was already paid at rough in

Invoice #1105 and #1204 was on plans and part of your contract which was paid

Invoice #1016 and #1009 this is the first time I have seen these invoice I will forward them to owners

Kris

---------- Forwarded message ---------- From: Kris <[email redacted]> To: Terry Ligon <[email redacted]> Cc: Bcc: Date: Wed, 14 Aug 2024 23:57:26 +0000 Subject: RE: invoices

This is not something a landscaper would do it is a part of the drainage system designed by the engineer to work with the swales it is part of the engineering plan and your contract

Kris RECEIVED 09/10/2024 From: Terry Ligon <[email redacted]> ROC LEGAL Sent: Wednesday, August 14, 2024 2:51 PM To: Kris <[email redacted]> Cc: Pandora <[email redacted]>; Julie <[email redacted]>; [email redacted] Subject: RE: invoices

Kris,

Please refer to the itemized proposal the drainage items provided were listed- please also note that it was not an all- inclusive price. We are an excavation company- that is “ground and down” so to speak. We do not perform work typically done by landscapers after they place their work.

You requested for us to complete an item not provided within our proposal, it was billed at a T&M rate.

Thank you,

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 2:06 PM To: Terry Ligon <[email redacted]> Subject: RE: invoices

Liz

If the catch basins were missed its part of the work required by the engineer that is part of the drainage plan

kris

From: Terry Ligon <[email redacted]> Sent: Wednesday, August 14, 2024 1:57 PM To: Kris <[email redacted]> Cc: Julie <[email redacted]>; Pandora <[email redacted]>; [email redacted] Subject: RE: invoices

Hey Kris,

My name is Liz, I help Terry in the office. RECEIVED 09/10/2024 ROC LEGAL In the first attachment, you will find our proposal for 150 Highland Drive. The proposal does not include a line item for catch basins as they are typically done by landscapers, this was billed as part of invoice 1105. The proposal also expressly excluded both export and import, invoice 1204 was for export of materials. We’ve been advised that NRG has been paid by Susan in the amount of $1,020.45 via check # 4830 dated 4/26/2024.

The remaining two attachments are the original emails sent to you, Julie and Pandora on 2/6/2024 and 2/15/2024, and one invoice you did not mention that is also unpaid is 1013 sent on 2/13/2024.

I hope this helps alleviate any confusion and we can proceed with payment of the invoices as I have been instructed to proceed with lien progression if not paid by 8/23/2024.

Thanks in advance!

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 9:38 AM To: Terry Ligon <[email redacted]> Subject: invoices

Terry

See attached letter from Bigelow I Have not seen a check but will check and see if they have paid I have asked for this payment from the start

Invoice #9268 I will check but I understood this was already paid at rough in

Invoice #1105 and #1204 was on plans and part of your contract which was paid

Invoice #1016 and #1009 this is the first time I have seen these invoice I will forward them to owners

Kris

---------- Forwarded message ---------- From: Terry Ligon <[email redacted]> To: Kris <[email redacted]>, "[email redacted]" <[email redacted]>, Julie <[email redacted]> Cc: Bcc: Date: Tue, 6 Feb 2024 16:09:34 +0000 Subject: Invoice

---------- Forwarded message ---------- From: Terry Ligon <[email redacted]> RECEIVED To: Julie <[email redacted]>, Kris <[email redacted]>, "[email redacted]" 09/10/2024 <[email redacted]> ROC LEGAL Cc: Bcc: Date: Thu, 15 Feb 2024 16:31:51 +0000 Subject: Invoice

---------- Forwarded message ---------- From: Kris <[email redacted]> To: Terry Ligon <[email redacted]> Cc: Bcc: Date: Wed, 14 Aug 2024 23:57:26 +0000 Subject: RE: invoices

This is not something a landscaper would do it is a part of the drainage system designed by the engineer to work with the swales it is part of the engineering plan and your contract

Kris

From: Terry Ligon <[email redacted]> Sent: Wednesday, August 14, 2024 2:51 PM To: Kris <[email redacted]> Cc: Pandora <[email redacted]>; Julie <[email redacted]>; [email redacted] Subject: RE: invoices

Kris,

You requested for us to complete an item not provided within our proposal, it was billed at a T&M rate.

Thank you,

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 2:06 PM To: Terry Ligon <[email redacted]> Subject: RE: invoices RECEIVED 09/10/2024 ROC LEGAL Liz

If the catch basins were missed its part of the work required by the engineer that is part of the drainage plan

kris

Hey Kris,

My name is Liz, I help Terry in the office.

In the first attachment, you will find our proposal for 150 Highland Drive. The proposal does not include a line item for catch basins as they are typically done by landscapers, this was billed as part of invoice 1105. The proposal also expressly excluded both export and import, invoice 1204 was for export of materials. We’ve been advised that NRG has been paid by Susan in the amount of $1,020.45 via check # 4830 dated 4/26/2024.

The remaining two attachments are the original emails sent to you, Julie and Pandora on 2/6/2024 and 2/15/2024, and one invoice you did not mention that is also unpaid is 1013 sent on 2/13/2024.

I hope this helps alleviate any confusion and we can proceed with payment of the invoices as I have been instructed to proceed with lien progression if not paid by 8/23/2024.

Thanks in advance!

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 9:38 AM To: Terry Ligon <[email redacted]> Subject: invoices

Terry

See attached letter from Bigelow I Have not seen a check but will check and see if they have paid I have asked for this payment from the start RECEIVED Invoice #9268 I will check but I understood this was already paid at rough in 09/10/2024 ROC LEGAL Invoice #1105 and #1204 was on plans and part of your contract which was paid

Invoice #1016 and #1009 this is the first time I have seen these invoice I will forward them to owners

Kris

attachments NRG Explanation of Business Conducted.pdf 284K RE: invoices.eml 31K RE: invoices.eml 21K Scan.pdf 439K Invoice.eml 604K Scan.pdf 416K Invoice.eml 573K NRG 150 Highland Drive Proposal.pdf 621K RE: invoices.eml 21K RECEIVED 09/10/2024 ROC LEGAL RECEIVED 09/10/2024 ROC LEGAL September 12, 2024

Via U.S. Mail and Email

Complainant Ligon Excavation Inc PO Box 442 Camp Verde, AZ 86322

Via U.S. Mail and Email

Respondent NRG Building Specialists LLC 287 Schnebly Hill Rd Sedona, AZ 86336

Re: Complaint No. 2024-09907

Dear Complainant and Respondent:

The Registrar received a complaint filed against NRG Building Specialists 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 September 19, 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 September 19, 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.

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 RECEIVED 08/28/2024 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2024-09907 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) Ligon Wayne Ligon Street Address City State Zip Code 636 South McCracken Lane Camp Verde Arizona 86322 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) NRG Building Specialists LLC ROC 274856 Street Address City State Zip Code 287 Schnebly Hill Rd Sedona AZ 86336 Phone Number Email Address

Name of Person(s) Representing License Kris Husa Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $4,539.67 November 16, 2022 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Inv # 8574, $980.00; Inv # 1105, $2,979.67; Inv # 1204, $580.00

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 Ligon Wayne Ligon 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. RECEIVED Printed Name Signature Date 08/28/2024 Ligon Wayne Ligon ROC LEGAL RECEIVED 08/28/2024 ROC LEGAL RECEIVED 08/28/2024 ROC LEGAL RECEIVED 08/28/2024 ROC LEGAL RECEIVED 08/28/2024 ROC LEGAL RECEIVED 08/28/2024 ROC LEGAL RECEIVED 08/28/2024 ROC LEGAL RECEIVED 09/10/2024 ROC LEGAL Legal New Mail - AZROC <[email redacted]>

RE Complaint No. 2024-09907 message

Terry Ligon <[email redacted]> Tue, Sep 10, 2024 at 1:32 PM To: "[email redacted]" <[email redacted]>

Please see the attached explanation of how NRG has conducted business with Ligon Excavation, supporting invoices and email correspondences.

Please let us know if you have any questions or if we can further clarify anything for your review.

---------- Forwarded message ---------- From: Jan Tijmes <[email redacted]> To: Terry Ligon <[email redacted]> Cc: Bcc: Date: Tue, 3 Sep 2024 22:05:50 +0000 Subject: RE: invoices

Terry,

Per Susan, around mid-July, she has checks & invoices all detailing this issue. According to her, Kris owes you the money.

Here was my email to you previously after I had spoken to her:

<<<Terry,

Susan has paid this amount. It was $980 plus tax that she paid NRG on 4/26/24 with check # 4830 for a grand total of $1020.45.

She paid this as part of a large invoice from NRG made up of 2 invoices. One was for Inv. 1277C and one for Inv. 1279C.

So please discuss this with Kris. I have a breakdown of total $$, check numbers, and invoice numbers if needed. RECEIVED Jan 09/10/2024 ROC LEGAL >>>

From: Terry Ligon <[email redacted]> Sent: Tuesday, September 3, 2024 12:53 PM To: Jan Tijmes <[email redacted]> Subject: FW: invoices

So who owes me the money ? I paid for the panel. Terry Ligon

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 9:38 AM To: Terry Ligon <[email redacted]> Subject: invoices

Terry

See attached letter from Bigelow I Have not seen a check but will check and see if they have paid I have asked for this payment from the start

Invoice #9268 I will check but I understood this was already paid at rough in

Invoice #1105 and #1204 was on plans and part of your contract which was paid

Invoice #1016 and #1009 this is the first time I have seen these invoice I will forward them to owners

Kris

---------- Forwarded message ---------- From: Kris <[email redacted]> To: Terry Ligon <[email redacted]> Cc: Bcc: Date: Wed, 14 Aug 2024 23:57:26 +0000 Subject: RE: invoices

This is not something a landscaper would do it is a part of the drainage system designed by the engineer to work with the swales it is part of the engineering plan and your contract

Kris,

You requested for us to complete an item not provided within our proposal, it was billed at a T&M rate.

Thank you,

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 2:06 PM To: Terry Ligon <[email redacted]> Subject: RE: invoices

Liz

If the catch basins were missed its part of the work required by the engineer that is part of the drainage plan

kris

Hey Kris,

The remaining two attachments are the original emails sent to you, Julie and Pandora on 2/6/2024 and 2/15/2024, and one invoice you did not mention that is also unpaid is 1013 sent on 2/13/2024.

I hope this helps alleviate any confusion and we can proceed with payment of the invoices as I have been instructed to proceed with lien progression if not paid by 8/23/2024.

Thanks in advance!

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 9:38 AM To: Terry Ligon <[email redacted]> Subject: invoices

Terry

See attached letter from Bigelow I Have not seen a check but will check and see if they have paid I have asked for this payment from the start

Invoice #9268 I will check but I understood this was already paid at rough in

Invoice #1105 and #1204 was on plans and part of your contract which was paid

Invoice #1016 and #1009 this is the first time I have seen these invoice I will forward them to owners

Kris

---------- Forwarded message ---------- From: Kris <[email redacted]> To: Terry Ligon <[email redacted]> Cc: Bcc: Date: Wed, 14 Aug 2024 23:57:26 +0000 Subject: RE: invoices

This is not something a landscaper would do it is a part of the drainage system designed by the engineer to work with the swales it is part of the engineering plan and your contract

Kris

Kris,

You requested for us to complete an item not provided within our proposal, it was billed at a T&M rate.

Thank you,

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 2:06 PM To: Terry Ligon <[email redacted]> Subject: RE: invoices RECEIVED 09/10/2024 ROC LEGAL Liz

If the catch basins were missed its part of the work required by the engineer that is part of the drainage plan

kris

Hey Kris,

My name is Liz, I help Terry in the office.

The remaining two attachments are the original emails sent to you, Julie and Pandora on 2/6/2024 and 2/15/2024, and one invoice you did not mention that is also unpaid is 1013 sent on 2/13/2024.

I hope this helps alleviate any confusion and we can proceed with payment of the invoices as I have been instructed to proceed with lien progression if not paid by 8/23/2024.

Thanks in advance!

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 9:38 AM To: Terry Ligon <[email redacted]> Subject: invoices

Terry

Invoice #1016 and #1009 this is the first time I have seen these invoice I will forward them to owners

Kris

complaint No 2024-09907 message

Kris <[email redacted]> Mon, Sep 16, 2024 at 2:43 PM To: Legal New Mail - AZROC <[email redacted]> Cc: Pandora <[email redacted]>

Katelyn Rolling

Please see attached letter from Respondent NRG Building Specialist with attachments

Kris Husa

[email redacted]

928-274-0099

attachments roc Ligon letter 2.docx 27K img20240916_14392352.pdf 7552K RECEIVED 09/16/2024 ROC LEGAL

Complaint: No 2024-09907 Date Sept 12, 2024 Attention Katelyn Rolling Legal Assistant 11 Complainant Ligon Excavation Respondent NRG Building Specialist LLC Katelyn I will be addressing this complaint per the Ligon letter drafted to the Roc. Ligon has conducted business with NRG for over 15 years as stated in their letter and it shows me that they have a lot of experience and know how to bid construction projects job and read the civil engineering plans they should know the difference between a civil engineering plan and a landscape plan and is their responsibility to execute the plan per the civil engineering design Item #1 control panel Invoice #8574 amount $980.00 This item has been paid see attached check # 8574 dated 9-10-24 for $980.00 see attachment #1. It’s important to note that NRG Building Specialist did not have anything to do with this, septic system we do not have the permit for the septic system. The Septic Engineer made a mistake in his design and since NRG did not have a contract with this engineering firm. I suggested that the engineer pay for his mistake directly to Ligon Excavation over a year ago to save the owners my change order fees and overhead for change orders since this was not a change order but a design mistake. Somehow NRG ended up with a check sent to us and at this time Ligon had been paid. Furthermore, per their letter stating I requested this control panel be installed By NRG is a lie I had nothing to do with this septic system as I mentioned above it was discovered by the engineer during his inspection that he made a mistake. Item #2 Drainage grates Invoice # 1105 amount $2979.67 Please see attachment #2 of the civil engineering plan showing the design and requirements Please note plan shows the design requirement in addition see the notes callouts #4 provide drain swale and shows an 8” HDPE drain pipe this is below ground and goes to detention pond #15 this is a critical part of civil engineering plan that starts below grade from the planter under the retaining wall out the patio to detention pond #15 per plan . This work would never be done by a landscaper, this work requires excavating equipment which landscapers do not have that type of equipment. This work requires experienced excavator company period. RECEIVED 09/16/2024 ROC LEGAL

It is obvious Ligon made a mistake on the work that was required from the civil engineer design it is Ligon responsibility to execute this work properly and requires a civil engineering sign off when complete. See attachment #4 Per Ligon letter that I requested Ligon to install drainage grates is a lie. I never talked to Ligon about the driveway drainage grates and for Ligon to state in their letter that this work is often done by the landscaper as stated above is not true. I believe Ligon is trying to confuse you on the two different drainage areas one is the swale design by the retaining wall which was done by Ligon and the other is the driveway drainage with Grates done by the landscaper. I purchased the drainage grate materials from a supply company in Sedona and the paver company installed them with the pavers. I believe Ligon is confused on what the work they actually did onsite or trying to cover up their mistake on the actual work required by the engineer when they did the swales. Per Ligon invoice #1105 which Ligon calls out Extra’s Catch basin + pipe outlet labor and material which is not an extra but part of the civil engineering plan and is there bid on attachment #3 item 14 Please see attachment #3 the Bid from Ligon excavation numbered #14 final grade W/ Renention+ swales to subgrade for the amount $5900. Please see attachment #3 The Bid from Ligon excavation number #15 place all rip-rap everywhere + supply w/fabric for the amount $8900.00 When you look at attached plan attachment #2 all items are called out per the civil engineering for this project and the There are no changes to the design or change order or RFI requested by Ligon excavation or by the engineer. Invoice #1105 was denied on the basis there has been no extra work for the amount $2,979.67 in fact if there was extra work required it would have had to been directed from the civil engineer with a letter or drawings to make any changes required from the building department to sign off. Item #3 Invoice #1204 amount $580.00 was denied for the same reason as Invoice #1105 it is also part of the original bid. In closing my job is protect the homeowner additional cost, and I do not see were any of these items would be a change order it is per plan as required from the engineer and building department and I do not believe the homeowner would have bare the expense. Kris Husa attachments #1, #2,#3,#4 & #5 NRG building specialist LLC [email redacted] 928-274-0099 RECEIVED 09/16/2024 ROC LEGAL RECEIVED 09/16/2024 ROC LEGAL RECEIVED 09/16/2024 ROC LEGAL RECEIVED 09/16/2024 ROC LEGAL RECEIVED 09/16/2024 ROC LEGAL LEGAL RECEIVED 09/19/2024

Complaint: No 2024-09907 Date Sept 19, 2024 Attention Robert Sterling Complainant Ligon Excavation Respondent NRG Building Specialist LLC Item #1 control panel Invoice #8574 amount $980.00 This item has been paid see attached check # 8574 dated 9-10-24 for $980.00 see attachment #1. Item #2 Drainage grates Invoice # 1105 amount $2979.67 Invoice #1204 amount $580.00 This was not a time and material contract it was per the line item per Ligon Bid Please see attachment #3 the Bid from Ligon excavation numbered #14 final grade W/ Renention+ swales to subgrade for the amount $5900.Please see attachment #3 The Bid from Ligon excavation number #15 place all rip-rap everywhere + supply w/fabric for the amount $8900.00 and per the civil engineering design and plan Pease see attached plan attachment #2 all items are called out per the civil engineering for this project and the There are no changes to the design or change order or RFI requested by Ligon excavation or by the engineer for the work that Ligon claims is extra prior to doing any work. Invoice #1105 was denied on the basis there has been no extra work for the amount $2,979.67 in fact if there was extra work required it would have had to been directed from the civil engineer with a letter or drawings to make any changes required from the building department to sign off. Item #3 Invoice #1204 amount $580.00 was denied for the same reason as Invoice #1105 it is also part of the original bid. In closing my job is protect the homeowner additional cost, and I do not see were any of these items would be a change order it is per plan as required from the engineer and building department and I do not believe the homeowner would have bare the expense. Kris Husa attachments #1, #2,#3,#4 & #5 NRG building specialist LLC [email redacted] 928-274-0099 LEGAL RECEIVED 09/19/2024 LEGAL RECEIVED 09/19/2024 LEGAL RECEIVED 09/19/2024 LEGAL RECEIVED 09/19/2024 LEGAL RECEIVED 09/19/2024 LEGAL RECEIVED 09/19/2024 9/19/24, 4:45 PM State of Arizona Mail - complaint No 2024-09907 LEGAL RECEIVED 09/19/2024

Legal New Mail - AZROC <[email redacted]>

complaint No 2024-09907 messages

Kris <[email redacted]> Thu, Sep 19, 2024 at 9:53 AM To: Legal New Mail - AZROC <[email redacted]>

Please see written answer to complaint

Kris Husa

NRG building specialist LLC.

928-274-0099

[email redacted]

attachments roc Ligon letter 3.docx 24K img20240916_14392352.pdf 7552K

Legal New Mail - AZROC <[email redacted]> Thu, Sep 19, 2024 at 4:45 PM To: Kris <[email redacted]>

Received

Thank you,

Arizona Registrar of Contractors Legal Department

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

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRQnscj6g5xtYK2H3bx0H62EUDFJSHFnp-mTH9W6Ggu9bVN3/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ligon Excavation Inc, Case No. 2024-09907 COMPLAINANT, v.

NRG Building Specialists LLC, CITATION License No. ROC 274856,

RESPONDENT.

The Registrar issues this Citation to NRG Building Specialists LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 4, 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 28, 2024, Ligon Excavation Inc (“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 licensee’s

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 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. 2024-09907. 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 October 4, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is

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 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 September 19, 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, September 19, 2024 to: Respondent Certified Mail No: [number redacted] NRG Building Specialists LLC 287 Schnebly Hill Rd Sedona, AZ 86336

/// ///

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 NRG Building Specialists LLC 287 Schnebly Hill Rd Sedona, AZ 86336 Complainant Ligon Excavation Inc PO Box 442 Camp Verde, AZ 86322 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. 2024-09907 / 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 RECEIVED 08/28/2024 ROC LEGAL Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors 2024-09907 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

RE Complaint No. 2024-09907 message

Terry Ligon <[email redacted]> Tue, Sep 10, 2024 at 1:32 PM To: "[email redacted]" <[email redacted]>

Please see the attached explanation of how NRG has conducted business with Ligon Excavation, supporting invoices and email correspondences.

Please let us know if you have any questions or if we can further clarify anything for your review.

---------- Forwarded message ---------- From: Jan Tijmes <[email redacted]> To: Terry Ligon <[email redacted]> Cc: Bcc: Date: Tue, 3 Sep 2024 22:05:50 +0000 Subject: RE: invoices

Terry,

Per Susan, around mid-July, she has checks & invoices all detailing this issue. According to her, Kris owes you the money.

Here was my email to you previously after I had spoken to her:

<<<Terry,

Susan has paid this amount. It was $980 plus tax that she paid NRG on 4/26/24 with check # 4830 for a grand total of $1020.45.

She paid this as part of a large invoice from NRG made up of 2 invoices. One was for Inv. 1277C and one for Inv. 1279C.

So please discuss this with Kris. I have a breakdown of total $$, check numbers, and invoice numbers if needed. RECEIVED Jan 09/10/2024 ROC LEGAL >>>

From: Terry Ligon <[email redacted]> Sent: Tuesday, September 3, 2024 12:53 PM To: Jan Tijmes <[email redacted]> Subject: FW: invoices

So who owes me the money ? I paid for the panel. Terry Ligon

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 9:38 AM To: Terry Ligon <[email redacted]> Subject: invoices

Terry

See attached letter from Bigelow I Have not seen a check but will check and see if they have paid I have asked for this payment from the start

Invoice #9268 I will check but I understood this was already paid at rough in

Invoice #1105 and #1204 was on plans and part of your contract which was paid

Invoice #1016 and #1009 this is the first time I have seen these invoice I will forward them to owners

Kris

---------- Forwarded message ---------- From: Kris <[email redacted]> To: Terry Ligon <[email redacted]> Cc: Bcc: Date: Wed, 14 Aug 2024 23:57:26 +0000 Subject: RE: invoices

This is not something a landscaper would do it is a part of the drainage system designed by the engineer to work with the swales it is part of the engineering plan and your contract

Kris,

You requested for us to complete an item not provided within our proposal, it was billed at a T&M rate.

Thank you,

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 2:06 PM To: Terry Ligon <[email redacted]> Subject: RE: invoices

Liz

If the catch basins were missed its part of the work required by the engineer that is part of the drainage plan

kris

Hey Kris,

The remaining two attachments are the original emails sent to you, Julie and Pandora on 2/6/2024 and 2/15/2024, and one invoice you did not mention that is also unpaid is 1013 sent on 2/13/2024.

I hope this helps alleviate any confusion and we can proceed with payment of the invoices as I have been instructed to proceed with lien progression if not paid by 8/23/2024.

Thanks in advance!

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 9:38 AM To: Terry Ligon <[email redacted]> Subject: invoices

Terry

See attached letter from Bigelow I Have not seen a check but will check and see if they have paid I have asked for this payment from the start

Invoice #9268 I will check but I understood this was already paid at rough in

Invoice #1105 and #1204 was on plans and part of your contract which was paid

Invoice #1016 and #1009 this is the first time I have seen these invoice I will forward them to owners

Kris

---------- Forwarded message ---------- From: Kris <[email redacted]> To: Terry Ligon <[email redacted]> Cc: Bcc: Date: Wed, 14 Aug 2024 23:57:26 +0000 Subject: RE: invoices

This is not something a landscaper would do it is a part of the drainage system designed by the engineer to work with the swales it is part of the engineering plan and your contract

Kris

Kris,

You requested for us to complete an item not provided within our proposal, it was billed at a T&M rate.

Thank you,

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 2:06 PM To: Terry Ligon <[email redacted]> Subject: RE: invoices RECEIVED 09/10/2024 ROC LEGAL Liz

If the catch basins were missed its part of the work required by the engineer that is part of the drainage plan

kris

Hey Kris,

My name is Liz, I help Terry in the office.

The remaining two attachments are the original emails sent to you, Julie and Pandora on 2/6/2024 and 2/15/2024, and one invoice you did not mention that is also unpaid is 1013 sent on 2/13/2024.

I hope this helps alleviate any confusion and we can proceed with payment of the invoices as I have been instructed to proceed with lien progression if not paid by 8/23/2024.

Thanks in advance!

Liz

From: Kris <[email redacted]> Sent: Wednesday, August 14, 2024 9:38 AM To: Terry Ligon <[email redacted]> Subject: invoices

Terry

Invoice #1016 and #1009 this is the first time I have seen these invoice I will forward them to owners

Kris

Legal New Mail - AZROC <[email redacted]>

complaint No 2024-09907 messages

Kris <[email redacted]> Fri, Sep 20, 2024 at 8:30 AM To: Legal New Mail - AZROC <[email redacted]>, Terry Ligon <[email redacted]>

Please see attached settlement offer

Kris Husa

928-274-0099

[email redacted]

attachments img20240920_08203681.pdf 5174K roc Ligon letter 4.docx 24K

Legal New Mail - AZROC <[email redacted]> Mon, Sep 23, 2024 at 11:24 AM To: Kris <[email redacted]> Cc: Terry Ligon <[email redacted]>

Received, thank you.

Thank you.

Arizona Registrar of Contractors Legal Department

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

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

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRSXsogyd6G52esyGe9cF0SJcjRE8HS7-48zX-OImUkcvCuz/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 1/1 LEGAL RECEIVED 09/20/2024

Complaint: No 2024-09907 Date Sept 19, 2024 Attention Robert Sterling Complainant Ligon Excavation Respondent NRG Building Specialist LLC Terry Your complaint is not a nonpayment Complaint I have paid every item per your bid you are asking for addition funds this was not a time and material proposal it was per line item, this extra is clearly in the civil engineering plans and very important part of their design without this drain pipe the enclosed patio would fill with water and flood the home. I would suggest we settle this ourselves if we don’t this goes before a hearing Judge this take a lot of time for both of us to sit through the online hearing and they always ask for us to try and work it out ourselves ‘s before the Judge decides this matter. After looking at all the documents I believe you missed the 8” drainage pipe the starts at the patio and runs under your swales and daylights and the detention pong number #15 I will agree to reimburse for the pipe for $532.17 for the pipe the install and other items would have been done at the same time you ere excavating the swales, but I will include, and additional $300 dollars install for a total of $832.17 As you stated in your letter this is often done by landscapers is not true they for one don’t have the equipment or the knowledge and would be totally out of sequence as you know the landscapers are after you complete with the drainage and we have our grading inspection, What your asking is for the landscaper to remove the rip rap remove the fabric and dig under your swale ditches and daylight the pipe to the detention pond. And then reinstall the swales and the fabric and the riprap that would never happen and would be paying for something twice the judge will see that. It is obvious in your bid you had the swales and detention and the fabric and the riprap but missed the pipe in your bid. I believe this to be a fair offer for something you should have included per the civil engineer design. I hope you take my offer so we can move forward Kris Husa attachments #1and #2 NRG building specialist LLC [email redacted] 928-274-0099 LEGAL RECEIVED 09/20/2024 LEGAL RECEIVED 09/20/2024 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ligon Excavation Inc., Case No. 2024-09907

COMPLAINANT, v. NRG Building Specialists LLC , NOTICE OF INFORMAL License No. ROC 274856, SETTLEMENT CONFERENCE

RESPONDENT.

On September 23, 2024 NRG Building Specialists LLC requested an informal settlement

conference with the Registrar. Pursuant to A.R.S. § 41-1092.06, the Registrar scheduled that

conference for:

DATE & TIME: October 7, 2024 at 9:00 AM TELECONFERENCE Meeting ID INFORMATION: meet.google.com/tjn-wyjk-wrj Phone Numbers +1 678-801-8137 PIN: 552 438 945# While Complainant is not required to attend the Settlement Conference, their participation is strongly encouraged. The Registrar will not close or settle this Complaint without both parties’ involvement. Statements, either written or oral, made 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). WAIVER: The parties must waive their right to object to the participation of the Registrar’s settlement-conference representative in the final administrative decision. A.R.S.

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 § 41-1092.06(B). A waiver is attached; each party should bring a signed copy to the settlement conference. CONDUCTING THE SETTLEMENT CONFERENCE The Registrar's settlement conference representative will not convene a settlement

conference unless all parties are represented by a person who has authority to agree upon terms and conditions of settlement without consultation with persons or entities not present. The Registrar's representative will decide how a session proceeds, when to hold joint meetings (with consent of the participants), and when to meet separately with the parties and their

counsel. The parties attending the settlement conference must be prepared to discuss settlement options. Before the settlement conference, each party should consider under what conditions it would settle. To the extent either party desires a financial settlement, the parties should obtain

estimates or other information to facilitate settlement. The Registrar's representative acts as an impartial and neutral mediator and will not render legal advice to, or represent, any of the parties. The Registrar's representative may, as deemed appropriate, provide evaluative comments regarding issues and merits of this dispute. The

Registrar's representative will encourage disclosure of information between the parties and will

assist the parties in considering the benefits, risks, and alternatives available to them.

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 SETTLEMENT Unless the parties reach a mutual agreement, the settlement conference will conclude without a settlement. Should the parties reach agreement during the settlement conference, the Registrar's representative may offer a summary of the agreement to the parties for their joint

approval, but will not assist the parties in documenting the agreement. After the settlement conference ends, the parties should document their agreement and notify the Registrar. If a Notice of Hearing has been issued, the parties must also notify the assigned Administrative Law Judge at the Office of Administrative Hearings.

Dated September 24, 2024.

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

COPY mailed via USPS First Class mail September 24, 2024 to:

Respondent NRG Building Specialists LLC 287 Schnebly Hill Rd Sedona, AZ 86336

Complainant Ligon Excavation Inc. PO Box 442 Camp Verde, AZ 86322

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 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. 2024-09907 /

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ligon Excavation Inc., Case No. 2024-09907 COMPLAINANT,

v. WAIVER NRG Building Specialists LLC License No. ROC 274856,

RESPONDENT.

Under 41-1092.06(B) I waive my right to object to the participation of the Registrar’s

settlement-conference representative in the final administrative decision. Further, I

acknowledge that statements, either written or oral, made at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in any subsequent administrative hearing.

_______________________ ________________________ ___________________ Printed Name Signature Date

On behalf of: Respondent On behalf of: Complainant

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 LEGAL RECEIVED 10/07/2024

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Ligon Excavation Inc., Case No. 2024-09907 COMPLAINANT, v. WAIVER NRG Building Specialists LLC License No. ROC 274856, RESPONDENT. Under 41-1092.06(B) I waive my right to object to the participation of the Re i trar's settlement-conference representative in the final administrative decision. Further,

acknowledge that statements, either written or oral, made at the conference, inclu i 1 document, created or expressed solely for the purpose of settlement negotiations, r lD/t I 1 1 Date On behalf of: Respondent On behalf of: Complainant

of5 1700 W. Washington Street, Suite 105 • Phoenix AZ 85007-2812 602.542.1525 • Toll Free 877.692.9762 • roc.az.gov LglOS S/21 LEGAL RECEIVED 10/07/2024

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Ligon Excavation Inc., Case No. 2024-09907 COMPLAINANT, V. WAIVER NRG Building Specialists LLC License No. ROC 274856, RESPONDENT.

Under 41-1092.06(B) I waive my right to object to the participation of the Registrar's

settlement-conference representative in the final administrative decision. Further, I

Printed Name ful-1-JI ZY' Date On behalf of: On behalf of: Co

of5 1700 W. Washington Street, Suite 105 • Phoenix AZ 85007-2812 602.542.1525 • Toll Free 877.692.9762 • roc.az.gov LglOS 5/21 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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