ALJDEC

98F-266-ROC · Registrar of Contractors · 1998-11-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|LEON AND ADELE GLASSHOFFER, |§|CASE NO.: 98/266 | | |§| | |Plaintiffs, |§|DOCKET NO.:98F-266-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 088732, Class B- of |§|DECISION AND ORDER | |WESTEN DEVELOPMENT COMPANY, INC.,|§| | | |§| | |Defendant. |§| | | |§| | | |§| | | |§| |

HEARING: October 23, 1998, at 1:30 p.m. APPEARANCES: The Plaintiffs appeared through their attorney, Joy Little. The Defendant appeared through its attorney, David Sobel. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 23, 1998. The Plaintiffs appeared through their attorney, Joy Little, and the Defendant appeared through its attorney, David Sobel. 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. Plaintiffs are an “injured person” as defined by statute and are entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Defendant’s acts or omissions.

2. The Registrar of Contractors issued Orders revoking the Defendant’s Class B License on October 3, 1996, and again on November 4, 1996. The Defendant’s Class B License was revoked on December 23, 1996.

3. The Plaintiffs’ disciplinary complaint against the Defendant was closed as a result of the Defendant’s License revocation.

4. The Plaintiffs had, through an alternative licensed contractor, completed their residence on or about December 13, 1996. The Plaintiffs’ actions in completing their residence, which they had already invested $274,499.00 in, were shown to be reasonable and justified under the circumstances.

5. There was no dispute that the Complainants had paid the Defendant $274,499.00 on the contractual price of $320,506.00 for the construction of their residence at the time the Respondent stopped work on the residence leaving a balance of $45,507.00 due under the parties’ contract for the construction of the residence.

6. Credible evidence, presented at hearing, established that the Plaintiffs paid an additional $86,284.08 to finish their residence in accordance with the terms of the parties’ construction contract and per plans and specifications.

7. Based upon credible evidence, produced at hearing, it is found that a proper and reasonable amount payable to the Plaintiffs from the Contractors’ Recovery Fund is the total sum of $20,000.00, representing the maximum amount that can be paid out for the cost of completing the Plaintiffs’ residence.

CONCLUSIONS OF LAW

1. Under the facts and circumstances of this case, the Registrar of Contractors is empowered to determine and award proper payment to the Plaintiffs from the Contractors’ Recovery Fund pursuant to A.R.S. §32- 1154(E).

2. The credible evidence of record supports an award to the Plaintiffs in the total 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 cause payment from the Contractors’ Recovery Fund to the Plaintiffs in the amount of $20,000.00 for damages.

Dated this 9th day of November, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of November, 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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