ALJDEC

97F-P0262-ROC · Registrar of Contractors · 1998-07-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 23, 1998 APPEARANCES: Complainant appeared personally. Respondent appeared through its owner and qualifying party, David Jerry Dale. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________

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. In July of 1994, the parties entered into a written agreement which provided that Respondent would perform certain plumbing work at Complainant’s cabin. 2. This project was the first job for Respondent as a licensed contractor. 3. Respondent has not completed the plumbing work. A dispute between the parties developed as to the source of water for the cabin. Respondent would not hook up the plumbing to a nearby creek. 4. Complainant readily offered that he had no dispute with the quality of Complainant’s work that has been performed on the project. 5. Complainant has installed tanks for the storage of potable water. 6. It is determined that Respondent committed a wrongful act by not making necessary arrangements to finalize the connections for the plumbing system. Respondent’s wrongful act is further found to have caused substantial injury to Complainant. 7. It is determined that there are strong mitigating factors which should be considered by the Registrar of Contractors when contemplating disciplinary action against Respondent in this matter. Respondent’s ex- wife had a major negative influence in the performance of work on this project and with Respondent’s default in a related civil suit. Respondent has expressed a willingness to finalize the connection of the water supply to the plumbing system and Complainant has stated that such work would be acceptable to him. 8. Respondent is found to be responsible for the completion of the plumbing connection, at his sole cost and expense, provided that Complainant, at his sole cost and expense, provides evidence to Respondent that the water supply system is certified and that all washable water surfaces meet applicable code requirements. 9. There is insufficient evidence of record to support a finding that the parties mutually agreed upon a change order for a bidet. Although there were negotiations between the parties for the addition of a bidet, the parties did not execute written change order for that fixture. Each party has a different value for the added fixture. The parties should negotiate that item and memorialize any agreement reached for the fixture in a written change order approved by each party. 10. A review of the records of the Registrar of Contractors indicates that Respondent’s Class C-37R license has been suspended by operation of law for failure to timely renew the license.

CONCLUSIONS OF LAW

1. The Registrar of Contractors has jurisdiction to discipline Respondent’s suspended Class C-37R license. 2. The evidence of record is adequate to establish that Respondent has violated the provisions of A.R.S. § 32-1154 (A) (7).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Respondent’s Class C- 37R license be revoked on the effective date of the Order entered in this matter.

It is further recommended that if Respondent accomplishes the corrective work set forth in Finding No. 8 above on or before the effective date of the Order entered in this matter, then the above-provided license revocation shall not take place and the citation and complaint in this matter shall be closed.

Done this day, July 27, 1998.

______________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1998, to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo

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

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