ALJDEC

98F-195-ROC · Registrar of Contractors · 1999-02-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|RICHARD A. BEUZEKOM, |(|Case No.: 98/195 | | |(| | |Plaintiff, |(|Docket No.: 98F-195-ROC | | |(| | |vs. |(| | | |(|Recommended | |License No. 109176, Class B of |(|Decision and Order | |SUNQUEST CONSTRUCTION AND REAL |(| | |ESTATE COMPANY INCORPORATED, |(| | | |(| | |Defendant. |(| | | |(| |

HEARING: Friday, January 29th, 1999, 9:00 a.m. Appearances: The Plaintiff, Mr. Richard A. Beuzekom, appeared pro personam. The Respondent failed to appear. Administrative Law Judge: Grant Winston

This matter came on for administrative hearing on Friday, January 29th, 1999. The Plaintiff appeared pro personam. The Defendant failed to appear. Testimony was heard and other evidence made of record, and, based on the record taken as a whole, the following Findings of Fact, Conclusions of Law, and Recommended Order are made.

FINDINGS OF FACT

1. The Plaintiff herein contracted with the Defendant on or about August 14th, 1996, for the latter to construct a town-home for Plaintiff in Tucson, Arizona. Defendant performed with the exception of doing the contracted landscaping work, and constructing a covered carport.

2. After Defendant failed to complete performance under the terms of the contract, the Plaintiff filed a complaint with the Registrar of Contractors on March 12th, 1997.

3. Subsequent to the filing of the complaint, the Defendant went bankrupt, and the Defendant’s license was revoked in other Registrar of Contractor cases. (However, the license was current at the time the subject contract was executed.)

4. Plaintiff then proceeded directly to a claim for recovery from the residential contractors’ recovery fund. Registrar of Contractor’s Inspector Mr. Richard C. Allen was assigned to the case, and he issued his report on October 27th, 1998, and testified at this hearing.

5. The Plaintiff procured three bids for the construction of the carport and landscaping work. The highest bid was from licensed contractor Ogle Building and Remodeling, in the amount of $3,920.00. The middle bid was from licensed contractor Desert Awning, and was for $2,500.00 and a $300.00 potential “digging clause,” plus tax. The lowest bid was from an unlicensed contractor, Making Shade, in the amount of $2,675.00.

6. Plaintiff also incurred out-of-pocket expenses to Home Depot in the total amount of $491.89.

7. Mr. Allen testified at the hearing credibly as to what he would recommend as an appropriate amount of recovery from the fund. Mr. Allen urged the acceptance of the bid from Desert Awning of $2,500.00, plus $175.00 tax, but discounted the $300.00 potential cost for digging as too speculative. He also urged award of $443.11 out-of- pocket expenses for Plaintiff, disallowing some of the items purchased by Plaintiff from Home Depot. The total award urged by Mr. Allen was the sum of $3,118.11.

8. Plaintiff is a person who was financially injured by the actions of the Defendant.

Conclusions of Law

1. This hearing was held under authority of and pursuant to A.R.S. §32- 1156, and A.R.S. §41-1092.

2. Plaintiff is a “Person injured” within the meaning of A.R.S. §32-1131.

3. Under the facts and circumstances of this case, the Registrar is authorized to determine and award proper payment to the Plaintiff, from the residential contractors’ recovery fund, pursuant to A.R.S. §32-1154.E.

4. The within record supports an award to the Plaintiff in the sum of $3,118.11, all of which is appropriately chargeable against the Defendant and/or persons on the license as set forth at A.R.S. §32- 1139.B.

Recommended Order

Wherefore, it is hereby recommended that, on the effective date of this order, the Registrar of Contractors shall commence and finalize payment procedures from the residential contractors’ recovery fund to Plaintiff in the amount of $3,118.11, for damages.

Dated this 1st day of February, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Grant Winston Administrative Law Judge

Original mailed this day of February, 1999, to:

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

Transmitted by:

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