ALJDEC

98F-H0197-ROC · Registrar of Contractors · 1999-03-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|THEODORE T. FUKUDA, |§|CASE NO.: H98-0197 | | |§| | |Complainant, |§|DOCKET NO.: 98F-H0197-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 115194, Class B- of |§|DECISION AND ORDER | |Jerry Fletcher Bloor d.b.a. |§| | |FORT MOHAVE HOMES (INDIV), |§| | | |§| | |Respondent. |§| | | |§| |

HEARING: February 24, 1999, at 1:30 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on February 24, 1999. The Complainant appeared on his own behalf and the Respondent appeared on his own behalf. 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. Respondent is the holder of a Class B- License issued by the Registrar of Contractors.

2. This is a residential matter where the Respondent constructed a new residence for the Complainant.

3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors.

4. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence.

5. During the course of construction and the performance of the directed corrective action, the parties developed a very poor personal relationship and both parties demonstrated an on-going inability to effectively communicate without a dangerously high degree of personal friction.

6. Credible evidence established that the Respondent did comply with the corrective work order but failed to do so in a timely manner.

7. Credible evidence established that the Respondent’s failure to comply with the time portion of the corrective work order was due partially to the parties very poor relationship and partially due to the fact that the Complainant was difficult to reach.

8. It is found that the Respondent substantially complied with the terms and conditions of the corrective work order in this matter.

9. During the hearing, the Complainant introduced new items that were noted during the parties’ walk-through in January, 1998, but that were not listed on the complaint in this matter.

10. The assigned agency inspector was not notified of the additional items and no on-site inspection was performed regarding the additional items.

11. The complaint cannot be amended to include the new items at the day of the hearing without the Respondent’s agreement to do so. The Complainant may file a new complaint regarding the additional items set forth in the parties’ walk-through of January 19, 1998.

12. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW

1. Credible evidence, produced at hearing, established that the Respondent has substantially complied with the terms and conditions of the corrective work order in this matter.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Case No. H98-0197, together with the complaint upon which it is based, be closed.

Dated this 10th day of March, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of March, 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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