ALJDEC

98F-270-ROC · Registrar of Contractors · 1998-05-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |ROBERT G. COPELAND, |§|CASE NO.: 98/270 | | |§| | |Plaintiff, |§|DOCKET NO.: 98F-270-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 101924, Class B- of |§|DECISION AND ORDER | |E AND F QUALITY BUILDERS, INC., |§| | | |§| | |Defendant, |§| | | |§| | | |§| |

HEARING: May 12, 1998, at 1:30 p.m. APPEARANCES: The Plaintiff appeared on his own behalf. The Defendant appeared through its president, Jack Farkas. The Registrar of Contractors appeared through Assistant Attorney General, Eva Bacal. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on May 12, 1998. The Plaintiff appeared on his own behalf and the Defendant appeared through its president, Jack Farkas. The Registrar of Contractors appeared through Assistant Attorney General, Eva Bacal. 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. Credible evidence established that the Plaintiff is a “person injured” 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 Order of 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. Credible evidence, presented at hearing, established that the Plaintiff had entered into a separate agreement with the concrete subcontractor for the installation of 12 sections of concrete at $250.00 per section. Credible evidence established that 10 of the 12 sections have failed. The Respondent, since it was not involved in the construction of the 10 failed concrete sections, is not responsible for their correction.

4. However, the Respondent is still found to be fully responsible for all work, including any concrete work, performed by it or under its direction. The bids for corrective action that the Plaintiff was able to obtain were shown to be proper and reasonable under the circumstances of this matter.

5. Credible evidence, produced at hearing, established that the concrete subcontractor’s bid for corrective action should be disallowed as it would necessarily involve performing corrective action on some work previously performed by the said subcontractor. It would be incongruous for the Contractors’ Recovery Fund to pay a licensed contractor to correct its own work.

6. 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 $10,348.00, representing the lowest valid bid of $12,848.00 for needed corrective action on the Plaintiff’s residence less the estimated cost of $2,500.00 for correcting the 10 unacceptable concrete sections installed by the concrete subcontractor pursuant to the Plaintiff’s separate agreement with the sub- contractor.

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- 1154(E).

2. The within record supports an award to the Plaintiff in the sum of $10,348.00, all of which shall be appropriately chargeable against the Defendant and/or persons on its license as set forth in A.R.S. §32- 1139(B).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that, on the effective date of the Order in this matter, the Registrar of Contractors shall cause payment from the Contractors’ Recovery Fund to the Plaintiff in the amount of $10,348.00, for damages.

Dated this 26th day of May, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of May, 1998 to:

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

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