ALJDEC - Licensing

2025A-10005-CHC-ROC · Registrar of Contractors · 2026-02-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Phillip Doran,

COMPLAINANT,

Kevin's Building &

Remodeling Service, Inc.,

License No. ROC 269739,

RESPONDENT.

No. 2025A-10005-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 12, 2026

APPEARANCES: Complainant Phillip Doran appeared on his own behalf, with his wife, Amy Doran. Respondent Kevin’s Building & Remodeling Service, Inc. did not appear. Arizona Registrar of Contractors Investigator James Carter appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: Administrative Notice was taken of the Agency Record.

FINDINGS OF FACT

Kevin’s Building & Remodeling Service, Inc. (“Respondent”) is the holder of License Number 269739 issued by the Arizona Registrar of Contractors (“Registrar”).

On or about October 18, 2024, Phillip Doran (“Complainant”) and his wife, Amy Doran, contracted with Respondent for Respondent to perform the restoration of Complainant’s home after it sustained water damage and was remediated. The contract price was $61,985.50. Also on or about October 18, 2024, Complainant contracted with Respondent for Respondent to install an outdoor tankless water heater. That contract amount was $2,758.00. Thereafter, the parties executed several change orders including: i) a change order in the amount of $26,000.00 for Respondent to provide and install sliding glass doors, as well as two windows; ii) a change order in the amount of $1,800.00 for two additional windows; iii) a change order in the amount of $600.00 for a vanity; and iv) a change order in the amount of $1,100.00 for a feature wall. Complainant has paid Respondent at least $92,795.00.

On or about October 29, 2025, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to Respondent’s scope of work.

The Registrar assigned the Complaint to Investigator James Carter. Prior to the scheduling of a Jobsite Inspection, Complainant sent an email to Investigator Carter with additional items of complaint. Investigator Carter conducted a Jobsite Inspection on November 17, 2025, and incorporated the addendum items of complaint. Respondent did not attend the Jobsite Inspection. Investigator Carter’s Jobsite Inspection Notes state the following:

Jobsite General Notes: . . . Complainant was present for the JSI Respondent was not. A number of items required a permit be obtained however no permit was applied for at any time. After the JSI Notice was sent out Respondent notified Complainant by email that he did not intend to do any further work on the home. Respondent at the time of the JSI was administratively suspended. After discussion with the Registrars General Counsel because of the suspension, Respondents email to Complainant and Respondent not responding to any communication from this office it was determined to bypass a Written Directive and move straight to citation. I will being referring the matter to the Registrar Legal Department for citation

Complaint Item: 1 - Did not install fire rated door garage entry.

Investigator’s Observation: The door appears to be solid core fire rated door however the doo is not self closing. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 2 - Uneven floor.

Investigator’s Observation: There is evidence of lipage in the tile on the second floor of the home. Tile also has not been installed to match the existing tile. Existing tile in master bedroom had a grout line of 3/8" while new tile installed through out the second floor has a grout lines of 1/4"-1/2" in some areas. Same tile was used in both areas. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 3 - lights and switches inop.

Investigator’s Observation: The switches for the chandelier in the main entrance are on a 3way. When turning one switch on the other switch will not operate and vice versa. No permit was obtained for this job and this area may require a permit due to the changing of the switches. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 4 - poor stucco job.

Investigator’s Observation: Stucco work on the side of the home where the patio was enclosed has a bad finish to it and is already separating and cracking. Due to this area being filled in a permit may have been required due to possible structural changes. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 5 - Sliders not installed

Investigator’s Observation: Sliding glass door were not installed per addendum to the contract. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 9 - primary door damaged.

Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 10 - screws holding lights.

Complaint Item: 11 - Valance around blinds not installed.

Investigator’s Observation: I observed that a number of the valances for the windows had not been reinstalled. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete

the corrective work.

Complaint Item: 12 - Numerous poor drywall gouges

Complaint Item: 14 - We paid for a water heater that was installed outdoors, even though we requested it be installed in the garage. We were told and paid for a hot water heater that would have a recirculation pump so we would have instant hot water. It does not include a recirculating pump as promised.

Investigator’s Observation: A new tankless water heater was installed on the outside of the home. This was a relocation from where the original water heat was. No permit was obtained prior to this being done. The Respondent will obtain a permit, correct any deficiencies required by the city, and pass final permit inspection.

Complaint Item: 18 - The upstairs guest bedroom closet was not completed to match the previous closet that Kevin personally inspected.

Investigator’s Observation: Other then the drywall being done no other work such as shelving had been installed. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete

the corrective work.

Complaint Item: 19 - In the master bathroom the drywall next to the bathroom toilet door is unacceptable. Also, the drywall next to the shower tile needs to be grouted.

Investigator’s Observation: Visible separation between the casing on the door and the drywall. Large gaps between the tile and the drywall. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 21 - The downstairs bathroom floor is stained a result of tile installation

Complaint Item: 24 - Failure to provide and install cabinets and shelving in the laundry room as promised. Same as we had before.

Investigator’s Observation: At the time of the inspection there were no cabinets or shelving in the laundry room. The locations of the waterlines and electrical lines for the laundry hook ups where relocated but no permit was obtained. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an

appropriately licensed contractor complete the corrective work.

Complaint Item: 25 - Ring camera not installed properly. It is not wired in.

Complaint Item: 26 - Wrong material was installed on the kitchen island. Does not match existing cabinets or what was installed before.

Complaint Item: 27 - One exterior light on front of garage does not work. One next to the front door is extremely dim.

Investigator’s Observation: Changes were made to the electrical switches as noted in Item #3. A permit may have been required for this issue but was not obtained. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 29 - Baseboard in primary bedroom not painted to match

Investigator’s Observation: Paint is not finished in multiple areas. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 30 - The new black windows were installed using gray

steel/chrome bolts and is visually unacceptable.

Investigator’s Observation: Bolts installed do not match the finish. The

Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 31 - The handles that were installed for the downstairs closet door are small finger holes and is unacceptable.

Complaint Item: 32 - Tracks for the closet door, downstairs bedroom and for the powder bath door are unacceptable.

Complaint Item: 33 - Powder bathroom sliding door would not properly shut leaving large gaps, the supposed repair was to add trim to hide.

Complaint Item: 35 - Cabinets in the garage were not installed. Garage wall was not painted.

Investigator’s Observation: I observed there are no cabinets installed in the garage and the walls have not been painted The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 36 - There has been a wheel barrel left in front of the garage for over two months full of construction material

Investigator’s Observation: I observed a wheel barrel on the side of the home full of debris. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

Complaint Item: 37 - Where they cleaned up their tools and mixed materials, the landscape rock is stained. When mixing their materials they [sic]

Investigator’s Observation: I observed an area that was left with construction debris that is evident of material and cleaning of tools. The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not currently licensed to do this work, the appropriate means would be reinstate the licenses and correct the work of the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work.

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 6 - Drywall incomplete.

Investigator’s Observation: Per the Complainant this complaint item had been completed prior to this JSI.

Complaint Item: 7 - Ceiling covers not installed.

Investigator’s Observation: Per the Complainant this complaint item had been completed prior to this JSI.

Complaint Item: 8 - Drywall bowed in bedroom. primary door damaged. Screws holding lights.

Investigator’s Observation: Per the Complainant this complaint item had been completed prior to this JSI.

Complaint Item: 13 - On November 13, 2024 we paid $11,625.09 in full for two Ply- Gem Quad Sliding Doors, which have still not been installed or delivered

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

Complaint Item: 15 - The downstairs bathroom window was not relocated as promised. As a result, the current shower is less than 30 inches wide, which is below standard size and not what was agreed upon.

Investigator’s Observation: The entire downstairs bathroom was remodeled and moved. The bathroom in the hall was reduced in size to enlarge the bathroom in the bedroom next to it. All plumbing features were relocated. No permit was obtained to address plumbing relocation and possible structural changes with the removal and relocation of some of the walls. The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection.

Complaint Item: 16 - The tile on the upstairs landing was installed with the wrong clips, as confirmed by Zach Krueger, the installer, the tiles lifted created sharpened unsafe edges. The attempted repair involved sanding instead of properly resetting the tiles causing large and inconsistent grout lines. There are still some raised tile.

Investigator’s Observation: This is addressed in Item #2

Complaint Item: 17 - The upstairs bedroom subfloor was not repaired causing a significant rise and unevenness on one end of the room.

Investigator’s Observation: This is addressed in Item #2

Complaint Item: 20 - The exterior stucco where a wall was filled does not match the surrounding surface, is severely cracked, and looks terrible

Investigator’s Observation: This is addressed in Item #4

Complaint Item: 22 - We request evidence the door leading into the house from the garage is a fire rated door. It will not shut on its own. There is no threshold. Replaced top hinge with a gray hinge when every other hinge in the house is Black.

Investigator’s Observation: This is addressed in Item #1

Complaint Item: 23 - We ordered and paid for more than enough tile that was requested. We placed the tile in perfect condition in our garage. When asked where the extra tile was, Kevin said a lot was broken. He never provided pictures or told us about this until we showed up.

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

Complaint Item: 28 - Threeway switch for the entry light does not work.

Investigator’s Observation: This is duplicate of Item #3

Complaint Item: 34 - The valances for the blinds were not installed after being removed to drywall. Also the primary bedroom cords for the blinds were not installed.

Investigator’s Observation: This is a duplicate of item #11

Complaint Item: 38 - We request to have a list of proper Licenses for all work performed that requires licensed work.

Investigator’s Observation: This is a general statement and does not implicate a specific workmanship issue. It therefore and cannot be evaluated by the ROC. The ROC can not order the Respondent to provide a list of their subcontractors however the Complainant does have the right to request any contractor doing work for their ROC#

On or about November 11, 2025, Complainant received an email from Respondent stating that Respondent had no intention of performing any additional work on the project. Due to the email from Respondent and the fact that Respondent’s license was suspended, Investigator Carter did not issue a Written Directive to Respondent. Instead, Investigator Carter forwarded the matter to the Registrar’s Legal Department for the issuance of a Citation.

The Registrar issued a Citation against Respondent charging possible violations of A.R.S. § 32-1154(A)(1), A.R.S. § 32-1154(A)(2)(a), and A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).

Respondent timely filed an Answer to the Citation, and the Registrar referred the matter to the Office of Administrative Hearings, an independent State agency, for an evidentiary hearing.

The hearing of this matter was scheduled to convene on February 12, 2026, at 1:00 p.m. On the date and at the time set for hearing, Complainant appeared on his own behalf with his wife, Amy Doran. Investigator Carter was present. Respondent did not appear.

On December 24, 2025, the Registrar issued the Notice of Hearing advising the parties of the hearing date and time, and that the Office of Administrative Hearings would issue a Google Meet link for participation in the hearing. The Notice of Hearing was sent to Respondent’s mailing and email addresses of record with the Registrar.

On January 7, 2026, the Tribunal issued to the parties an Order Setting Hearing Via Google Meet. That Order contained the Google Meet information to join the hearing by video or phone. Respondent did not appear through an authorized member, employee, or attorney. Respondent did not request that the hearing be continued. Because Respondent failed to appear, Respondent did not present any evidence to defend its license.

Investigator Carter testified consistently with his Jobsite Inspection Notes. Investigator Carter testified that upon receipt of the Complaint, he attempted to contact Respondent and did not receive a response.

Investigator Carter testified that Respondent did not obtain a permit for the project, notwithstanding that plumbing and electrical were relocated.

Regarding Complaint Item 15, Investigator Carter testified that this item should be corrected and was erroneously placed in the section for items that did not require correction.

Complainant testified that he agreed with Investigator Carter’s testimony. Complainant further testified that the tile is uneven and has lippage.

Mrs. Doran testified that the tile is raised on one side of the bedroom, that they never received the slider doors for which they paid, and that Respondent was non-responsive to their communications.

Administrative notice is taken of Respondent’s prior License record on February 26, 2026. Such prior License record reflects that Respondent’s License Number 269739 was first issued on March 11, 2011, and is suspended for non-renewal effective October 1, 2025. Such prior License record also reflects that there is only the instant open Complaint, no resolved/settled complaints, and no complaints resulting in discipline against Respondent’s license.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

The evidence of record established that Respondent abandoned the contract or refused to complete the project without legal excuse. Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(1).

The evidence of record established that Respondent did not obtain the required permits for the project. Therefore, Complainant established that Respondent departed from or disregarded specifications in a material respect that was prejudicial to Complainant. Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(2)(a).

The evidence of record established that Respondent’s work was not in conformity with the Registrar’s standards. Therefore, Complainant established that Respondent did not complete the project in a professional and workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License Number 269739 for a period of fourteen (14) days.

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

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

Done this day, February 27, 2026.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

Registrar of Contractors

Kevin's Building & Remodeling Service, Inc.

[email redacted]

Phillip Doran

[email redacted]

James Carter

[email redacted]

By: OAH Staff