ALJDEC

97F-P0205-ROC · Registrar of Contractors · 1998-07-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|BILL MICHAELIS (POA) FOR |§|CASE NO.: p97-0205 | |PHYLLIS MICHAELIS, |§| | | |§|DOCKET NO.: 97f-p0205-roc | |Complainants, |§| | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No. 103841, Class B- of |§| | |CRESTED BUTTE CONSTRUCTION L.L.C.|§| | |(LLC), |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| |

HEARING: Monday, June 22, 1998, at 2:00 p.m. APPEARANCES: The Complainants appeared through Bill Michaelis. The Respondent appeared through its authorized representative, and managing member, Ward Jennings. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on June 22, 1998. The Complainants appeared through Bill Michaelis and the Respondent appeared through authorized representative, Ward Jennings. 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- License issued by the Registrar of Contractors.

2. This is a residential matter where the Respondent constructed a new residence for the Complainants. Credible evidence, produced at hearing, established that the Complainants furnished both the lot and the plans for the construction of the residence.

3. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainants 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 “provided proper ventilation to the crawl-space area under the house”.

5. Credible evidence established that the Respondent increased the crawl- space ventilation to 8.94 square feet.

6. The amount of crawl-space ventilation was shown to now exceed the minimum requirements for ventilation set forth in the applicable portions of the UBC.

7. Despite the Respondent’s corrective actions, credible evidence, produced at hearing, established that the following items constitute unacceptable workmanship, attributable to, and remaining uncorrected by the Respondent:

h) The pony wall and the concrete curb were not properly finished to match the exterior of the Complainants’ residence. The Respondent shall properly correct the pony wall and the concrete curb to match the appearance of the rest of the exterior of the Complainants’ residence.

i) Credible evidence established that there are small amounts of mold and mildew in the interior of the residence caused by the lack of proper ventilation in the crawl-space. The Respondent shall properly eliminate the mold and mildew and, if necessary, properly touch-up the interior of the residence.

j) Credible evidence established that there may be a question regarding the structural integrity of the joist where the ventilation doors were added. The Respondent shall inspect the joist and ensure that it is structurally sound. If the joist is found to be structurally unsound or suspect, the Respondent shall properly repair or replace the joist.

11. Credible evidence, produced at hearing, that there may be a hydrostatic water problem on the Complainants’ lot. There was no credible evidence that the Respondent either knew, or should have known, of the unforeseen possibility of a underground moisture condition on the Complainants’ lot.

12. There was no credible evidence presented to establish that the Respondent accepted or assumed liability for any unknown hydrostatic problems with the Complainants’ lot.

13. 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) (7) (Wrongful Act), and (3); namely, Rule R4-9-108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class B- License shall be temporarily suspended until the Registrar of Contractors receives proof that the Respondent has properly corrected the items set forth in Finding of Fact Nos. 7(a) through 7( c).

It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and Citation No. P97-0205 shall be closed.

Dated this 7th day of July, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. Douglas Administrative Law Judge

Original mailed this day of July, 1998 to:

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

Transmitted by:

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