ALJDEC

97F-A0224-ROC · Registrar of Contractors · 1997-10-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|THOMAS TILLERY, |§| | | |§|CASE NO.: A97-0224 | |Complainant, |§| | | |§|DOCKET NO.: 97F-A0224-ROC | |-v- |§| | | |§| | |License No.095518, Class B-01 of|§|RECOMMENDED | |K J DEVELOPING (PTR), |§|DECISION AND ORDER | | |§| | |Respondent. |§| | | |§| |

HEARING: October 2, 1997, at 8:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through a named partner, Ken Paloutzion. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 2, 1997. The Complainant appeared on his own behalf and the Respondent appeared through a named partner, Ken Paloutzion. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. Respondent is the holder of a Class B-01 License issued by the Registrar of Contractors. The Respondent’s license was canceled on April 12, 1996, by the Registrar of Contractors.

2. This is a commercial matter where the Respondent constructed a commercial building for the Complainant.

3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors.

4. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence.

5. There was no dispute that the Respondent had corrected the dumpster enclosure but had failed to correct the building pad.

6. Credible evidence, produced at hearing, established that shortly after the commercial building was completed an underground water pipe broke allowing several thousand gallons of water to flow under a portion of the concrete slab of the commercial building. The flooding caused several large voids, which in turn, caused extensive cracking and sinking in the concrete slab.

7. Credible evidence established that the concrete slab with the existing cracking and sunken areas does not comply with applicable industry standards and requires proper repair or replacement.

8. Credible evidence, presented at hearing, established that the Complainant has incurred expenses in the amount of $591.39 because of the break and that a reasonable cost of repair of the concrete slab would be between $3,717.82 and $3,800.00.

9. The Respondent shall, as restitution, properly reimburse the Complainant for his expenses of $591.39 and either cause the cracked and sunken concrete slab to be properly corrected or pay the estimated cost of the correction to the Complainant.

10. Credible evidence, presented at hearing, established that the Respondent may need more time than usual to correct the slab as the Respondent will have to wait until the current tenant’s lease ends to have adequate access to the concrete slab to cause permanent corrections.

11. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors. However, despite the Respondent’s clear prior record the possible suspension of a canceled license would serve no apparent function.

CONCLUSIONS OF LAW

1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (23) and (3); namely, Rule R4-9- 108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class B-01 License shall be revoked unless the Registrar of Contractors receives proof that the Respondent has properly paid, as restitution, the sum of $591.35 to the Complainant and has either caused the cracked and sunken concrete slab to be properly corrected or has paid the estimated cost of the correction to the Complainant so that the Complainant can cause the concrete slab to be properly corrected when the current tenant’s lease ends.

It is further recommended that if the Respondent properly accomplishes the above described actions, on or before the effective date of this Order, then the above provided License revocation shall not take place and Citation No. A97-0224 shall be closed.

Dated this 8th day of October, 1997.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. Douglas Administrative Law Judge

Original mailed this day of October, 1997, to:

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

Transmitted by:

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