ALJDEC

98F-236-ROC-res · Registrar of Contractors · 1998-10-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |PAULA BLOUNT, |§|CASE NO.: 98/236 | | |§| | |Plaintiff, |§|DOCKET NO.: 98f-236-roc | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 114154, Class B- of |§|DECISION AND ORDER | |SILVERADO CONSTRUCTION, INC., |§| | | |§| | |Defendant, |§| | | |§| | | |§| |

HEARING: October 8, 1998, at 8:30 a.m. APPEARANCES: The Plaintiff appeared on her own behalf. The Defendant appeared through its president, Jim Kirkwood. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for a second recovery fund hearing on October 8, 1998. The Plaintiff appeared on her own behalf and the Defendant appeared through its qualifying party, Jim Kirkwood. 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. The Plaintiff is an “injured person” as defined by statute and is entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Defendant’s acts or omissions.

2. The Defendant’s contracting License has been previously revoked by the Registrar of Contractors. Such revocation is determined to render this Defendant unable to remedy the violations of the State’s contracting laws which gave rise to the instant claim for damages.

3. The Plaintiff submitted three bids from Licensed contractors for the repair of her residence. The three bids ranged from a low of $34,101.47 to a high of $75,865.60.

4. Based upon credible evidence, produced at hearing, it is found that a proper and reasonable amount payable to the Plaintiff from the Contractors’ Recovery Fund is the total sum of $20,000.00, representing the maximum amount that can be paid for the Plaintiff’s lowest bid for needed corrective action on the Plaintiff’s residence.

CONCLUSIONS OF LAW

1. Under the facts and circumstances of this matter, the Registrar of Contractors is empowered to determine and award proper payment to the Plaintiff from the Contractors’ Recovery fund pursuant to A.R.S. §32- 11254(E).

2. The within record supports an award from the Contractors’ Recovery Fund to the Plaintiff in the sum of $20,000,00, all of which shall be appropriately chargeable against the Defendant and/or persons on the Defendant’s License as set forth in A.R.S. §32-1139(B).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Registrar of Contractors shall cause payment from the Contractors’ Recovery Fund to the Plaintiff in the amount of $20,000, for damages.

Dated this 16th day of October, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of October, 1998 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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