ALJDEC

98F-T0254-ROC · Registrar of Contractors · 1998-12-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JOSE LUIS ROMO AND |§|CASE NO.: T98-0254 | |PATRICIA M. ROMO, |§| | | |§|DOCKET NO.: 98F-T0254-ROC | |Complainants, |§| | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No. 097063, Class B- of |§| | |CHARTER CONSTRUCTION COMPANY INC.|§| | |(CORP), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: December 8, 1998 at 1:30 p.m. APPEARANCES: The Complainants appeared through Patricia Romo. The Respondent appeared through is attorney, Craig Travers. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on December 8, 1998. The Complainants appeared through Patricia Romo and the Respondent appeared through its attorney, Craig Travers. 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 Complainants purchased a new residence constructed by the Respondent.

3. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainants 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. The Respondent did perform corrective work on the Complainants’ residence but failed to substantially comply with the corrective work order.

6. Credible evidence established that the following items still constitute unacceptable workmanship and require proper correction by the Respondent:

a) The carpeting in the entrance way and the hallway is loose and wrinkled. The Respondent shall cause the carpeting to be properly repaired or replaced.

b) There is an unacceptable high point in the concrete dining room floor. The Respondent shall cause the high point in the dining room floor to be properly corrected.

c) The Respondent has removed the floor vinyl in the kitchen and dining areas but has not replaced the floor vinyl. The Respondent shall cause the floor vinyl to be properly replaced.

d) There is still concrete over-spill near the north side of the residence. The Respondent shall cause the concrete over-spill to be properly removed.

e) The patio wall has not been properly corrected and fails to comply with applicable code and industry standards. The Respondent shall cause the patio wall to be properly repaired or replaced.

6. Both parties demonstrated an ongoing inability to effectively communicate or to schedule their job-site work.

7. The Respondent shall give at least 72 hours’ written notice of any date selected to cause the performance of the above specified corrective action.

8. The Complainants are admonished that any unreasonable denial of access may be treated as the substantial equivalence of compliance.

9. 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 shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly caused the accomplishment of the corrective action set forth above in Finding of Fact Nos. 6(a) through 6(e), inclusive.

It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and Citation No.T98-T0254 shall be closed.

Dated this 11th day of December, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of December, 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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