ALJDEC

98F-T0208-ROC-res · Registrar of Contractors · 1998-07-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |EDUARDO AND NORMA VALENZUELA, |§|CASE NO.: T98-0208 | | |§| | |Complainants, |§|DOCKET NO.: 98F-T0208-ROC | | |§| | |-v- |§| | | |§| | |License No.099315, Class B- of |§|RECOMMENDED | |Phillip Francis Licudine d.b.a. |§|DECISION AND ORDER | |P AND A QUALITY CONSTRUCTION AND|§| | |REMODELING, |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: July 22, 1998, at 8:30 a.m. APPEARANCES: The Complainants appeared through their attorney, Michael Hornisher. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on July 22, 1998, pursuant to notice duly sent to all parties. The Complainants appeared through their attorney, Michael Hornisher, and the Respondent failed to appear. 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. The Respondent’s Class B License was placed on suspended status on May 21, 1998.

2. This is a residential matter where the Respondent entered into a construction agreement to construct a new residence for the Complainants.

3. There was no dispute that the Respondent started construction of the new residence.

4. The Complainants were dissatisfied with the Respondent’s workmanship and failure to complete the construction of the residence despite repeated requests that he do so. The Complainants then filed a formal complaint, against the Respondent, with the Registrar of Contractors.

5. 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, and to properly complete, the Complainants’ residence.

6. The Respondent failed to comply with the corrective work order.

7. Credible evidence, presented at hearing, established that the Respondent abandoned the construction site leaving the partially constructed residence exposed to the elements and allowing moisture and sun damage to the framing of the residence.

8. There was no dispute that the Respondent had failed to pay all of his materials suppliers for the construction of the residence.

9. Credible evidence established that it is going to cost the Complainants several thousand dollars to properly finish the construction work.

10. Credible evidence established that much of the concrete work performed by the Respondent was defective and has had to be jack-hammered out and replaced.

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

CONCLUSIONS OF LAW

1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (7) (Wrongful Act), (23) and (3); namely, Rule R4-9-108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class B- License be revoked.

Dated this 24th day of July, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. Douglas Administrative Law Judge

Original mailed this day of July, 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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