ALJDEC

97F-P0251-ROC · Registrar of Contractors · 1998-04-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |KAY GOODMAN, |§|CASE NO.: p97-0251 | | |§| | |Complainant, |§|DOCKET NO.: 97F-P0251-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No.118305, Class B- of |§|DECISION AND ORDER | |CROWN GENERAL INC. (CORP.), |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: March 23, 1998, at 2:00 p.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared through its attorney, Duane Smith. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on March 23, 1998. The Complainant appeared on her own behalf and the Respondent appeared through its attorney, Duane Smith. 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 installed a new metal roof system on the Complainant’s residence.

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. The Respondent performed corrective action on the roof but failed to substantially comply with the corrective work order.

6. Credible evidence, presented at hearing, established that the following items constitute unacceptable workmanship attributable to, and require proper corrective action by, the Respondent:

g) Credible evidence established that the metal roof was to be “Tudor Brown” and that the Respondent started the construction of the roof with Tudor Brown metal roofing. When the roof was approximately half finished, the manufacturer discontinued Tudor Brown metal roofing and the Respondent finished the roof with “Mocha Brown” colored roof material. Credible evidence established that these are two separate colors not simply a variation of the same color. The Respondent shall properly repair or replace the roof to provide one uniform color.

h) There are numerous loose and missing metal screws in the roof system. The Respondent shall properly tighten all loose screws and install or replace all missing metal roof screws.

i) The Respondent shall properly install, or replace, the missing roof jack and properly correct the bent roof ridge.

j) There was no dispute that the Respondent has painted some of the scratched metal flashing. The Respondent shall either replace the painted metal flashing or furnish the Complainant with written proof from the manufacturer that the flashing, as painted by the Respondent, is still warranted by the manufacturer.

11. The remaining items of the complaint were either shown to have been properly corrected or insufficiently proven to be workmanship deficiencies.

12. 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), (23) 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 accomplished the corrective action set forth above in Finding of Fact Nos. 6(a) through 6(d), inclusive.

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. P97-0251 shall be closed.

Dated this 1st day of April, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of April, 1998 to:

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

Transmitted by:

Attn: Joyce:

Please NOTE Attny Duane P. Smith represents the Respondent address: 1630 E. White Mtn. Blvd., Ste. A, P.O. Box 4190, Pinetop, AZ 85935 Telephone # 520- 367-2823 Fax # 520-367-1977. He would like a copy of your final order. Thank you. Should you have any questions please contact Michelle at OAH 520- 628-6934.\mls -----------------------