ALJDEC

96F-L0241-ROC · Registrar of Contractors · 1997-11-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 5, 1997. APPEARANCES: Clifford Darr, Complainant, appeared on his own behalf. Robert Brooks appeared representing Keith Ward, Respondent, who is holder of Class B license no. 063294 and does business as Award Builders.

ADMINISTRATIVE LAW JUDGE: Kip M. Micuda _____________________________________________________________________ The hearing in this matter was held for the purpose of determining whether Respondent violated state law as alleged by Complainants and as cited by the Registrar of Contractors (“Registrar”). Evidence and argument were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Decision are made:

FINDINGS OF FACT 1. Clifford and Diane Darr, Complainants, own a home at 100 Eastwind Drive, Lake Havasu City, Arizona. 2. Keith Ward, Respondent, is holder of Class B license no. 063294 and

does business as Award Builders. 3. The instant matter arises out of Complainants’ Complaint filed with the Registrar that Respondent is responsible for, primarily, substandard workmanship in installing the drywall in Complainants’ home. 4. At the hearing, the parties requested to go off the record and discuss resolution of this matter. Following their discussion outside this Judge’s presence, the parties concluded a settlement agreement, the essential terms of which were read into the record. 5. Pursuant to the terms of the settlement agreement reached between the parties, Respondent agrees to pay Complainants $3,500.00 ($1,750.00 in thirty (30) days and the remaining $1,750.00 in sixty (60) days) and forgive the sum of $2,600.00 owed by Complainants to Respondent. Complainants agree to release Respondent from any liability concerning the construction of Complainants’ home and agrees to dismiss this action 6. The parties further agree that for any new complaint filed with the Registrar of Contractors, the sole issue for determination shall be whether the parties performed their obligations under the terms of the settlement agreement. 7. The terms of the settlement agreement are fair and reasonable under the circumstances. The agreement is also found to be the product of a knowing and voluntary action of each party.

CONCLUSIONS OF LAW 1. The law favors settlement of disputes and adverse parties are free to adjust their differences by entry into agreements or stipulations of settlement, which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing in this matter, having been found to be reasonably and voluntary made, warrants termination of the instant hearing and dismissal of the charges in the Citation and Complaint.

RECOMMENDED DECISION In view of the foregoing, this Judge recommends that Citation L96- 0241, together with the entire Complaint upon which it is based, be dismissed. Done this day, November 13 1997.

______________________________________ Kip M. Micuda Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1997, to:

Mr. Michael P. Goldwater, Director Registrar of Contractors ATTN: Jennifer Varela 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826