ALJDEC

98F-2068-ROC · Registrar of Contractors · 1999-01-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

. . . . . . HEARING: November 17, 1998 and January 14, 1999 APPEARANCES: George McLain, Arlene Dean, and Shelly Moyer for the Complainants and James Abdo, Esq. Appeared for the Respondent on the November 17, 1998 hearing. Peter Aranoff appeared for the Respondent on the January 14, 1999 hearing. ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

FINDINGS OF FACT During the January 14, 1999 hearing, the parties had an off the record discussion concerning resolution of this matter. Following such a discussion between the parties outside of the Administrative Law Judge's presence, the parties concluded a settlement agreement, the essential terms of which were read into the record. Pursuant to the terms of the settlement agreement that was reached by the parties, Respondent shall take corrective action as full and final resolution of all the issues outstanding at this hearing. The terms of the settlement agreement are set forth below: a) the settlement agreement pertains to the walls that are common to Lots 190, 191 and 192 of the Top of the Ranch III (“the Ranch”) and Lots 1 and 2 and a portion of Lot 3 of the Pinnacle at Arrowhead (“the Pinnacle”); b) Respondent will hire a contractor to seal the walls, by a method mutually agreed to, at Lots 1 and 2 of the Pinnacle that are common to Lots 190, 191 and 192 of the Ranch. The area to be sealed commences at the height of the top of the grade of the soil of Lots 1 and 2 of the Pinnacle down to the point where the elevations of the soil on the Ranch side of the common wall meets the Ranch side of the wall itself; c) Respondent will install a perforated pipe along the common walls of Lots 1 and 2 of the Pinnacle at the elevation where the soil of the Ranch side of the wall meets the wall on the Ranch side; d) Respondent and the owners of Lot 192 of the Ranch will determine whether there is any of flow of water that enters Lot 192 of the Ranch from Lot 3 of the Pinnacle where the common wall between Pinnacle Lots 2 and 3 meets Lot 193 of the Ranch. If it is determined that there is a water flow situation emanating from that location, Respondent will seal the corner of Lot 3 of the Pinnacle as set forth above if it obtains the consent of the owner of Lot 3 of the Pinnacle; e) the stucco on Lot 190 of the Ranch along the common wall with Lot 1 of the Pinnacle as well as the common areas of the Pinnacle will be patched by Respondent; f) Respondent will arrange for a structural expert to provide an opinion as to the integrity of the common wall of Lot 190 of the Ranch; g) Respondent will complete the above-described work within 60 days of the date of the hearing; h) Respondent and Complainants acknowledge that the above- described work can only take place with the permission of the Pinnacle homeowners of Lots 1, 2 and 3 as well as the permission of Arrowhead Ranch III Homeowners Association; i) Complainants assume the risk that the consent for Respondent to perform the above-mentioned work shall be obtained from the homeowners of Lots 1, 2, and 3 of the Pinnacle and from the Arrowhead Homeowners Association; and j) the complaints which initiated the hearing of this matter shall be dismissed. 4. The terms of the settlement agreement appear to be fair and reasonable under all the circumstances. The agreement was determined to be the product of a knowing and voluntary action of the parties. 5. The parties stipulated that the caption should be amended to reflect Arlene Dean as a co-complainant with Kenneth Van Meter in Docket No. 98F-2203-ROC. The caption of this matter is amended accordingly. 6. The parties acknowledged that any further hearing concerning this matter shall be limited to whether there has been compliance with the terms of the settlement agreement. CONCLUSIONS OF LAW The law favors settlement of disputes and adverse parties are free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and dismissal of the charges contained in the Citations and Complaints issued in these matters. RECOMMENDED ORDER Based on the above, the Citations and the entire Complaints issued in Cases Numbered, 98-1640, 98-2203, and 98-2068, shall be dismissed. Done this day, January 27, 1999.

_________________________________ LEWIS D. KOWAL Administrative Law Judge

Copies mailed this ____ day of January, 1999, to:

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

By _______________________________

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