ALJDEC

97F-P0269-ROC · Registrar of Contractors · 1998-04-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|DEBORAH JONES, |§| | |SHIRLEE MEYERS, |§|CASE NO.: P97-0269 | | |§| | |Complainant, |§|DOCKET NO.: 97F-P0269-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 081806, Class B- of |§|DECISION AND ORDER | |MOUNTAIN SPIRIT CONSTRUCTION |§| | |(OWN), |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: March 24, 1998, 1:30 p.m. APPEARANCES: The Complainants appeared through Deborah Jones. The Respondent appeared through its attorney, Timothy Shaffery. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on March 24, 1998. The Complainants appeared through Deborah Jones and the Respondent appeared through its attorney, Timothy Shaffery. 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 vacation residence for the Complainants.

3. The Complainants were very 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 perform designated corrective work on the Complainant’s residence.

5. The Respondent performed a great deal of work on the residence but failed to completely comply with the corrective work order.

6. Respondent’s very obvious efforts to make up for past performance on the job-site, despite the very poor personal relationship between the parties, is to be commended.

7. During the hearing, the Respondent stipulated to properly inspect and perform any necessary repairs to the furnace, the water heater, and the kitchen sink.

8. With respect to the enumerated items of the complaint alleged to be sub- standard or deficient, the following items were demonstrated to still constitute unacceptable workmanship attributable to, and remaining uncorrected by, the Respondent:

i) The kitchen counter-top was shown to be out of square and the type of caulking utilized on the kitchen counter-top was shown to inappropriate for use on a kitchen counter-top. Respondent shall properly repair, or replace the kitchen counter-top.

j) Several kitchen cabinet doors have warped beyond applicable industry tolerances. The Respondent shall properly replace any doors that have warped beyond applicable industry tolerances.

k) The caulking around the log siding, windows and beams was shown to be insufficient. The Respondent shall properly caulk around the log siding, windows and beams.

l) The wood trim around parts of the interior drywall was shown to fall below applicable industry standards. The Respondent shall properly correct the deficient areas of wood trim.

m) Credible evidence established that there are still lumber stamps and grade markings visible on the interior and exterior of the residence. The Respondent shall properly remove the stamps and grade markings and properly re-seal the affected areas.

n) There is mold sealed into a beam on the rear porch patio. The Respondent shall properly remove the mold and reseal the affected area.

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

16. 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) (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 specified above in Finding of Fact Nos. 7 and 8(a) through 8(f), 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. P97-0269 shall be closed.

Dated this 6th 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:

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