ALJDEC - Licensing

2025A-02113-CHC-ROC · Registrar of Contractors · 2025-09-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Wendy Bock

COMPLAINANT,

Mariner LLC,

License No. ROC 340994,

RESPONDENT.

No. 2025A-02113-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: September 4, 2025

APPEARANCES: Wendy Bock (hereinafter “Complainant”) appeared on behalf

of herself. Claudio E. Iannitelli, Esq. appeared on behalf of Mariner LLC (hereinafter “Respondent”).

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. Complainant and Respondent entered into a contract, wherein Respondent agreed to construct a new wood frame residence for the amount of $494,000. Complainant paid Respondent at least $332,000 for the project. The scope of the contract included, but was not limited to, electrical, concrete, IT wiring and Equipment, and roofing.

2. Respondent did not provide Complainant with a written contract that advised Complainant of her right to file a complaint with the Arizona Registrar of Contractors (hereinafter “Registrar”) against Respondent for an alleged violation of Ariz. Rev. Stat. § 32-1154(A) within the time allowed by Ariz. Rev. Stat. § 32-1162(A).

3. On or about August 21, 2022, Respondent started work.

4. On or about May 31, 2024, Respondent stopped work.

5. On or about February 28, 2025, the Registrar received a complaint from Complainant alleging poor work and abandonment on the part of Respondent.

6. On or about April 10, 2025, Daniel Otero, an investigator for the Registrar, (hereinafter “Investigator Otero”), conducted a job-site inspection regarding the complaint.

7. On April 18, 2025, the Registrar issued a Directive to Respondent requiring that Respondent correct the following items by appropriate means, no later than 5:00 p.m. on May 6, 2025:

Complaint Item: 5 - Inside doors hung crooked, with large gaps and without knobs.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, the fire door and master bed room closet doors were out of square in their jambs, this was evident when the doors were close as well as slightly unlatched. Also the man door leading outside from the garage was not installed or sealed properly, along with the door for the upstairs apartment which was also not installed properly and lead to water intrusion. The Respondent will need to correct this by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A) (3) - R4-9-108(A) Workmanship

Complaint Item: 6 - Cabinets installed crooked, uneven with multiple screws that cause damage.

Investigator’s Observation: Verified. At the time of the Inspection it was observed in the kitchen and laundry room. There were multiple cabinets that were poorly installed in many areas of the house. In the laundry room, the base cabinet was not installed at all but only halfway placed in its location. Trim and moldings were not installed but were on site. The Respondent will need to correct this by the appropriate means.

Workmanship

Complaint Item: 8 - Upper door installed incorrectly causing severe flooding of entire upstairs.

Investigator’s Observation: Verified. At the time of the Inspection it was observed the door on the upstairs apartment, there were no stairs built to get to the door for operation along side with the door being installed substandard. This allowed the wood sub floor take on water during storms that was damaged, also causing drywall damage below in the garage ceiling. The Respondent will need to correct this by the appropriate means.

Complaint Item: 9 - Concrete around house is crumbling, cracking and pulling.

Investigator’s Observation: Verified. At the time of the Inspection it was observed on the newly poured sidewalk around the garage has cracking since it did not have control joints to serve their purpose and allow cracking in strategic areas. The Respondent will need to correct this by the appropriate means.

Complaint Item: 10 - Did not complete any steps or decks but was paid to do

Investigator’s Observation: Verified. At the time of the Inspection it was observed there were no safe stairs with handrails built to access the upstairs apartment. At the time of the inspection a ladder is in place to conduct the inspection. The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A) (1)

Complaint Item: 11 - Did not complete any closets but was paid to do so. Investigator’s Observation: Verified. At the time of the Inspection it was observed the closets were not completed with shelves and rods. In the entryway of the house there is a "mudroom" area that was started but never completed along with the work that was done was not done in a professional workmanship like manner. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A) (3) - R4-9-108(A) Workmanship

Complaint Item: 12 - Did not remove all old concrete but was paid to do so. Investigator’s Observation: Verified. At the time of the Inspection it was observed in the areas where the old concrete was placed for the previous house prior to the fire. The Respondent will need to correct this by the appropriate means. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A) (1)

Complaint Item: 15 - Cabinet pull holes drilled incorrectly and no pulls provided. Investigator’s Observation: Verified. At the time of the Inspection it was observed the holes were drilled for the cabinet pulls but there were no pulled installed or on site. The Respondent will need to correct this by the appropriate means. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A) (1)

Complaint Item: 17 - Plumbing in master bath had to be relocated.

Investigator’s Observation: Verified. At the time of the Inspection it was observed &demonstrated, in the master bathroom under the right vanity. One of the drawers in the brawer bank between the vanities will not close due to the plumbing being placed in the wrong location, the drain will not allow the drawer to completely close. The Respondent will need to correct this by the appropriate means.

Complaint Item: 18 - He did not complete interior trim or finish work but was paid to do so.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, as indicated in item 6 of the Written Directive there were cabinets, trim, toe kicks, finish accessories for the hood vent cover and moldings that were not installed. The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A) (1).

Complaint Item: 19 - Fireplace built in correctly and crooked and has to be redone.

Investigator’s Observation: Verified. At the time of the Inspection it was observed & demonstrated, the fireplace was not yet installed but the mantel over the fireplace location was not done in a workmanship like manner. The ends of the mantel were higher on both ends than the rest of the mantel. Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A) (3) - R4-9-108(A) Workmanship

Complaint Item: 22 - No plan for rain gutter drainage.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, gutters were not completed on the house since the stone veneer has not been completed. The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A) (1)

Complaint Item: 23 - Did not complete Plumbing or electrical to pool house and was requested to do so many times.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, there were wire as well as conduit out of the ground where the pool equipment was once located and was never reinstalled during the reconstruction of the project. The utilities that were exposed did not appear to be safe. The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A) (1)

Complaint Item: 24 - Painting / touch ups not done. Investigator’s Observation: Verified. At the time of the Inspection it was observed there was a substantial amount of paint touch-up that was not done or was not done in a professional like manner. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A) (3) - R4-9-108(A) Workmanship

Complaint Item: 25 - Great room fan not hung.

Investigator’s Observation: Verified. At the time of the Inspection it was observed the ceiling fan in the great room was sitting on the floor and had not been installed yet The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A) (1)

Complaint Item: 26 - Guest room fan broken.

Investigator’s Observation: Verified. At the time of the Inspection it was observed & demonstrated, when the fan was turned on it made a very loud clicking noise and had a wobble. The Respondent will need to correct this by the appropriate means.

Complaint Item: 27 - Doors not painted.

Investigator’s Observation: Verified. At the time of the Inspection it was observed the master bedroom closet door was not painted on all six sides as required. There were also other doors throughout the house that were missing paint on the tops and bottoms. The Respondent will need to correct this by the appropriate means.

Complaint Item: 28 - Exterior door jams not painted.

Investigator’s Observation: Verified. At the time of the Inspection it was observed on all of the exterior door jambs were not prepped, primed or painted, The Respondent will need to correct this by the appropriate means.

Complaint Item: 29 - Construction trash not picked up.-No stone on house.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, there was a substantial amount of construction debris around the entire property as well as some in the neighbor’s property. Stone was also missing on the entire house where it was to be installed. The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1)

Complaint Item: 30 - No railing on front of house.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, the railing was missing at the front of the house as well as the missing stair case leading up to the second floor apartment. The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1)

Complaint Item: 31 - Trench not backfilled.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, at the rear left corner of the property there was a utility trench opened and partially backfilled over time from weather. The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1)

Complaint Item: 32 - Utilities exposed.

Investigator’s Observation: As indicated in Item 23.Verified. At the time of the Inspection it was observed, there were wire as well as conduit out of the ground where the pool equipment was once located and was never reinstalled during the reconstruction of the project. The utilities that were exposed did not appear to be safe. The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1)

Complaint Item: 33 - Soffit and fascia not completed.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, the soffits and fascia on the front and the left side of the house where the apartment is located were not completed, the rough construction lumber is visible. The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1)

Complaint Item: 34 - Lighting in garage broken.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, the light in the garage on the ceiling where the water leak happened from the upstairs apartment. The drywall was damaged and the light was removed. The light is now hanging by the wires and the power is still active in the garage. The Respondent will need to correct this by the appropriate means.

Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1)

Complaint Item: 35 - Water heater platform, and drain incorrect. Investigator’s Observation: Verified. At the time of the Inspection it was observed the water heater was installed in a closet in the garage. In the closet there was a drain plumbed into the main house. The pan the water heater sits on also has a drain, the drains for both do not line up with each another. If water was to fill the pan for any reason the water would cause damage since it would not drain where it's intended. The Respondent will need to correct this by the appropriate means.

Complaint Item: 36 - Internet cable across sidewalk.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, the fiber optic communication line was placed over the sidewalk causing a tripping hazard since there was no conduit ran to the house to keep this line underground until it needed to enter the house. The Respondent will need to correct this by the appropriate means.

Complaint Item: 37 - Hole in guest room wall.

Investigator’s Observation: Verified. At the time of the Inspection it was observed, there was a hole in the wall right above the baseboard. The Respondent will need to correct this by the appropriate means.

Complaint Item: 38 - No pantry door.

Investigator’s Observation: Verified. At the time of the Inspection it was demonstrated, the pantry door did not exist, the jamb and trim were the only thing in place. The jamb did not have hinge placement or a place for a door to latch. The Respondent will need to correct this by the app appropriate means.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Complaint Item: 1 - Abandonment. Don took a full-time job 61 of 2024 abandoning my project with no notice to me

Investigator’s Observation: This is a general statement and does not implicate a specific workmanship issue. It therefore cannot be evaluated by the ROC.