ALJDEC

98F-0245-ROC · Registrar of Contractors · 1998-02-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 26, 1998; 10:40 A.M.; Phoenix, Arizona APPEARANCES: Complainants: Robert W. Riley and Suellen M. Riley Respondent: Eric Thomas Choules, Qualifying Party ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

This matter came for hearing as scheduled, but prior to the commencement of the hearing, the parties reviewed and discussed the contested issues. Mr. Richard K. North, the Arizona Registrar of Contractors (“Registrar”) inspector, participated in the discussions. The Administrative Law Judge participated in some of the discussions. After extensive negotiations, the parties agreed to resolve mutually the contested issues. Their agreement was formalized in the record of the hearing. Mr. and Mrs. Riley and Mr. Choules avowed their agreement represented a proper and fair disposition of the contested issues, and the Administrative Law Judge concurred. Parties may resolve a contested case by agreed settlement. See, Arizona Revised Statutes § 41-1061(D). The parties agreed: 1. On or before Monday, March 16, 1998, at 5:00 P.M., Mr. Choules will deliver to Mr. and Mrs. Riley a certified check in the amount of Three Thousand Dollars and No Cents ($3,000.00). 2. Upon simultaneous receipt of this check, Mr. and Mrs. Riley will deliver to Mr. Choules a letter, addressed to the Registrar, stating that Mr. and Mrs. Riley withdraw their complaint. Mr. Choules will submit this letter to the Registrar. 3. This settlement agreement covers all issues of workmanship which are known to these parties as of February 26, 1998, and which have been filed or could be filed with the Registrar, including the following: a. The painting of the exterior of the house. b. The stucco of the exterior fence. c. The painting of the exterior fence. d. The laying of the limestone floors. e. The condition of the sunscreens. 4. This settlement agreement does not apply to any workmanship issues which may be discovered, after February 26, 1998, regarding the concrete slab, particularly, in the location on the kitchen floor (by the counter) where two large-size limestone tiles show a “hairline fracture.” 5. Mr. and Mrs. Riley will give Mr. Choules at least one week’s notice prior to the time that the limestone floor contractor comes to the house to redo the limestone floors. Mr. and Mrs. Riley will give access to Mr. Choules to inspect the floor area of the two limestone tiles with the hairline fracture so that Mr. Choules can determine what is the nature of the problem, if any, in this particular area. 6. Mr. and Mrs. Riley will not file any litigation regarding the condition of the sunscreens, as this issue has been resolved in this agreement. RECOMMENDED ORDER It is recommended that the Registrar: 1. Accept and approve the resolution agreement of the parties set forth above. 2. Upon satisfaction of the agreement and notification received by the Registrar, dismiss Citation and Complaint No. 98-0245. SUBMITTED this 27th day of February, 1998.

George A. Schade, Jr. Administrative Law Judge The original Recommended Decision and Order was mailed on February 27, 1998, for distribution to the parties, to:

Michael Goldwater Director Arizona Registrar of Contractors 800 West Washington, 6th Floor Phoenix, Arizona 85007-2940

George A. Schade, Jr. -----------------------

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