ALJDEC

97F-M1811-ROC · Registrar of Contractors · 1997-10-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | | |§|DOCKET NO.: 97F-M1811-ROC | |GORDON N. ALLISON |§| | | |§| | |Complainant, |§|RECOMMENDED | | |§|DECISION AND ORDER | |-v- |§| | | |§| | |License No.117732, Class C-30 of |§| | |TAILORMADE HOME IMPROVEMENT INC. |§| | |(CORP) |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| |

HEARING: October 21, 1997, at 1:30 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 21, 1997, pursuant to notice duly sent to all parties. The Complainant appeared on his own behalf and the Respondent failed to appear. 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 C-30 License issued by the Registrar of Contractors. Respondent’s Class C-30 is on suspended status for its failure to have a required qualifying party.

2. This is a residential matter where the Respondent entered into a written agreement to install a ceramic floor in Complainant’s residence. The Complainant, in accordance with the written agreement, paid the Respondent $2,000.00 as a down payment for the agreed upon work. There was no dispute that the Respondent failed to perform any work or furnish any materials for the project and that, consequently, the Complainant received no value for the $2,000.00 down payment.

3. The Complainant was dissatisfied with the Respondent’s failure to perform the tile work in accordance with the parties’ written agreement and demanded the return of his down payment. When the Respondent again failed to perform the agreed upon construction work and refused to return the $2,000.00 down payment, the Complainant filed a formal complaint, against the Respondent, with the Registrar of Contractors.

4. The Registrar of Contractors then requested a formal hearing for this matter.

5. Credible evidence, presented at hearing, established that the Respondent abandoned the parties’ contract and refused to either perform the agreed upon construction work or return the $2,000.00 down payment.

6. The Respondent’s actions in abandoning the parties’ agreement and in refusing to return the Complainant’s down payment, despite the undisputed fact that it performed no work and furnished no construction materials, are found to constitute a wrongful act.

7. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW

1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A)(1), (7) (Wrongful Act) and (9). . . . . . . . . . . . . . . . RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class C-30 License be revoked.

Dated this 27th 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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