ALJDEC

98F-H0228-ROC · Registrar of Contractors · 1999-03-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|HARRY R. COLLINS, |§| | | |§|CASE NO.: H98-0187 | | |§|CASE NO.: H98-0228 | |Complainant, |§| | | |§|DOCKET NO.: 98F-H0187-ROC | |-v- |§|DOCKET nO.: 98F-H0228-ROC | | |§| | |License No. 076204, Class B- of |§| | |Danny Ray Palmer d.b.a. |§| | |PALMER INVESTMENTS AND |§| | |CONSTRUCTION COMPANY |§| | |(INDIV), |§| | | |§|RECOMMENDED | |Respondent, |§|DECISION AND ORDER | |_______________________________ |§| | | |§| | |PALMER INVESTMENTS, |§| | | |§| | |Complainant, |§| | | |§| | |-v- |§| | | |§| | |License No. 090998, Class C-42 of|§| | |David Arthur Linfor d.b.a. |§| | |D A LINFOR ROOFING (INDIV), |§| | | |§| | |Respondent. |§| | | |§| |

HEARING: February 23, 1999, at 1:30 p.m. APPEARANCES: Complainant Harry Collins appeared on his own behalf. Complainant/Respondent Danny Palmer d.b.a. PALMER INVESTMENTS AND CONSTRUCTION COMPANY appeared on his own behalf. Respondent David Linfor d.b.a. D A LINFOR ROOFING appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

These matters came on for consolidated hearing on February 23, 1999. The homeowner, Complainant Harry Collins, appeared on his own behalf. The general contractor, Complainant/Respondent Danny Palmer d.b.a. PALMER INVESTMENTS AND CONSTRUCTION COMPANY, appeared on his own behalf. The roofing subcontractor, Respondent David Linfor d.b.a. D A LINFOR ROOFING, 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 on are made:

FINDINGS OF FACT

1. Complainant/Respondent Danny Palmer d.b.a. PALMER INVESTMENTS AND CONSTRUCTION COMPANY is the holder of a Class B- License issued by the Registrar of Contractors.

2. Respondent David Arthur Linfor d.b.a. D A LINFOR ROOFING is the holder of a Class C-42 License issued by the Registrar of Contractors. The said Respondent’s Class C-42 License was suspended on November 18, 1998 for his lack of a required bond.

3. This matter concerns a residential project where the Complainant/Respondent Danny Palmer d.b.a. PALMER INVESTMENTS AND CONSTRUCTION COMPANY constructed a new residence for the Complainant, Harry Collins. Respondent David Linfor d.b.a. D A LINFOR ROOFING performed construction work on the new residence as a roofing subcontractor.

4. The homeowner was dissatisfied with several aspects of the residence, including the tile roof, and filed a formal complaint against Danny Palmer d.b.a. PALMER INVESTMENTS AND CONSTRUCTION COMPANY.

5. The general contractor then filed a formal complaint against his roofing subcontractor, David Linfor d.b.a. D A LINFOR ROOFING.

6. Pursuant to the filing of the formal complaints, an assigned agency inspector conducted an on-site inspection of the residence and issued written corrective work orders to both the general contractor and the roofing subcontractor.

7. During the course of the hearing, the parties concluded a settlement agreement. The terms of which were stated for the record.

8. Pursuant to the terms of the parties’ settlement agreement, Respondent David Arthur Linfor d.b.a. D A LINFOR ROOFING agreed to perform designated corrective action on areas of the roof on the new residence with all work on the roof to be completed within 20 days (on or before March 20, 1999).

9. Complainant/Respondent Danny Palmer d.b.a. PALMER INVESTMENTS AND CONSTRUCTION COMPANY agreed to perform designated corrective action on the entire residence, including portions of the roof system, with all work to be completed within 120 days (on or before June 15, 1999).

10. Respondent David Arthur Linfor d.b.a. D A LINFOR ROOFING is admonished that, due to the suspension of his Class C-42 license for lack of a required bond, he is restricted to the performance of corrective (warranty) work using his own employees for no compensation. The said Respondent is strongly encouraged to obtain and properly post the required bond and to end the suspension of his Class C-42 License.

11. The homeowner, Complainant Harry Collins, agreed to withdraw his complaint and to the closing of the instant citation against the general contractor, Danny Palmer d.b.a. PALMER INVESTMENTS AND CONSTRUCTION COMPANY, and the general contractor agreed to withdraw his complaint and to the closing of the instant citation against his roofing subcontractor, David Arthur Linfor d.b.a. D A LINFOR ROOFING.

12. The parties agreed that all rights and defenses were to be merged into their settlement agreement and that if any Petition for Rehearing of this matter was to be filed, and granted, or if any new complaint was filed, the sole issues for determination shall whether the parties have performed their respective obligations under the terms of the parties’ settlement agreement.

13. The Agreement was shown to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. Adverse parties should be free to adjust their differences by entry into settlement agreements which should be recognized and given effect by all tribunals.

2. The parties’ settlement agreement warrants the termination of the consolidated hearings for these matters.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. H98-0228 and Citation No. H98-0187 be closed.

Dated this 8th day of March, 1999

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of March, 1999, to:

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

Transmitted by:

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