ALJDEC

97F-Y0119-ROC · Registrar of Contractors · 1998-02-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|LORD’S ELECTRIC COMPANY, |(| | | |(|Case No.: Y97-0119 | |Complainant, |(| | | |(|Docket No.: 97F-Y0119-ROC | |vs. |(| | | |(| | |License No. 074829, Class B-01 of|(|Recommended | |GILPIN’S CONSTRUCTION COMPANY, |(|Decision and Order | |INC. (CORP.), |(| | | |(| | |Respondent. |(| | | |(| | | |(| |

HEARING: September 18th, 1997, at 9:00 a.m. and February 2nd, 1998, at 9:00 a.m. Appearances: The Complainant appeared through counsel, Mr. Mark D. Tallan, attorney-at-law. The Respondent appeared through its President and General Manager, Mr. Jimmy Riley. Administrative Law Judge: Grant Winston.

This matter was brought on for administrative hearing on Thursday, September 18th, 1997, and for a second day, telephonically, on Monday, February 2nd, 1998. The Complainant appeared through Mr. Mark D. Tallan, attorney-at-law. The Respondent appeared through its President and General Manager, Mr. Jimmy Riley. Testimony and other evidence was presented and, based on the record taken as a whole, the following Findings of Fact, Conclusions of Law, and Recommended Order are made.

FINDINGS OF FACTS

1. As evidenced by two affidavits, one signed by Mr. Jimmy Riley and one signed by Mr. Philip Lord, and by the representations made in behalf of the Complainant by legal counsel, and the testimony of Mr. Jimmy Riley, on the record of the second day of this administrative hearing, it is found that the parties have concluded a settlement agreement.

2. The complete terms of the settlement agreement as enunciated and adopted by the parties on the record are as follows:

c. Each party to the underlying contract which is the subject matter of this complaint mutually releases the other from the obligations contained therein;

d. Gilpin’s Construction shall pay, by check, to Lord’s Electric the amount of $16,000.00, on January 30th, 1998, receipt of which is acknowledged by Lord’s Electric on the record of this hearing;

e. Gilpin’s Construction shall pay, by check, to Lord’s Electric the amount of $45,000.00 on or before February 6th, 1998;

f. Both parties recommend that the Registrar of Contractors dismiss the instant Citation and Complaint, Y97-119, as settled.

7. The parties agreed and stated on the record that all rights and defenses were to be merged into the settlement agreement, and that if any Petition for Rehearing of this matter, or in any new Complaint filed or compliance hearing held regarding this matter, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the agreement.

8. The foregoing settlement agreement was shown to be the product of knowing and voluntary action on the part of each party, and is not unconscionable.

Conclusions of Law

1. A general policy of law favors settlement of disputes and adverse parties should be free to adjust their differences by entry into settlement agreements which should be recognized and given effect by all tribunals.

2. The settlement reached and submitted during the hearing of this matter warrants dismissal of the instant action.

Recommended Order

In view of the foregoing it is hereby recommended that Citation No. Y97-0119, together with the Complaint on which it is based, be dismissed.

Dated this 6th, day of February, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Grant Winston Administrative Law Judge

Original mailed this day of February, 1998, to:

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

Transmitted by:

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