ALJDEC

96F-725-ROC-RHG · Registrar of Contractors · 1997-12-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|LORRAINE FREDERICK, |§| | | |§|CASE NO.: 96/725 | |Plaintiff, |§| | | |§|DOCKET NO.: 96F-725-ROC | |-v- |§| | | |§| | |License No.085589, Class B- of |§|RECOMMENDED DECISION and order | |RHR ENTERPRISES, INC., |§|on limited rehearing | | |§| | |Defendant. |§| | | |§| | | |§| | | |§| |

HEARING: December 10, 1997, at 1:30 p.m. APPEARANCES: The Plaintiff appeared through her attorney, Drue Morgan-Birch. The Defendant appeared through its vice- president, Timothy Robertson. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for limited rehearing on December 10, 1997. The Plaintiff appeared through her attorney, Drue Morgan-Birch, and the Defendant appeared through its vice-president, Timothy Robertson. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on Limited Rehearing are made:

FINDINGS OF FACT

1. Plaintiff is an “injured person” as defined by statute and is entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of Defendant’s acts or omissions.

2. Defendant’s contracting license has been previously revoked by Order of the Registrar of Contractors. Such revocation is determined to render this Defendant unable to remedy the violations of the State’s contracting laws which gave rise to the instant claim for damages.

3. The Respondent’s vice-president, Timothy Robertson, is also president, qualifying party, and owner of T.F. Robertson Companies Inc., which holds a current Class B- License (No. 109408) issued by the Registrar of Contractors.

4. At the initial hearing of this matter, held on June 27, 1997, the parties entered into a settlement agreement wherein T.F. Robertson Companies Inc., was to perform designated corrective action on the Plaintiff’s residence with all of the designated corrective action to be completed by August 27, 1997.

5. Credible evidence, presented at the rehearing, established that all of the agreed upon corrective action was not completed.

6. However, there was no dispute that a portion of the agreed upon corrective action had been properly completed.

7. It is found that the Defendant has failed to substantially comply with the parties’ settlement agreement and that payment from the Contractors’ Recovery Fund should be made for the remaining corrective action required on the Plaintiff’s residence.

8. Based upon credible evidence of record, it is found that a proper and reasonable amount payable to the Plaintiff from the Contractors’ Recovery Fund is the total sum of $1,805.00 representing the cost of completing needed corrective action on the Plaintiff’s residence.

CONCLUSIONS OF LAW

1. Under the facts and circumstances of this matter, the Registrar of Contractors is empowered to determine and award proper payment to the Plaintiff from the Contractors’ Recovery Fund pursuant to A.R.S. §32- 1154(E).

2. The within record supports an award to the Plaintiff, from the Contractors’ Recovery Fund, in the sum of $1,805.00, all of which shall be appropriately chargeable against the Defendant and/or persons on its license as set forth in A.R.S. §32-1139(E).

RECOMMENDED ORDER on limited Rehearing

In view of the foregoing, it is recommended that, on the effective date of this Order, the Registrar of Contractors shall cause payment to the Plaintiff from the Contractors’ Recovery Fund in the amount of $1,805.000 for damages.

Dated this 15th day of December, 1997.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of December, 1997 to:

Michael P. Goldwater, Director Attn: Joyce Armijo Registrar of Contractors 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by:

-----------------------