ALJDEC 98f-t0426-roc

98F-T0426-ROC · Registrar of Contractors · 1999-04-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|A AMERICAN ELECTRICAL SERVICES, |§|CASE NO.: t98-0426 | | |§| | |Complainant, |§|DOCKET NO.: 98f-t0426-roc | | |§| | |-v- |§| | | |§| | |License No. 111564, Class B-01 of|§|RECOMMENDED | |Frank John Konarski d.b.a. |§|DECISION AND ORDER | |F G P J DEVELOPMENT, |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: January 28, 1999, February 19, 1999, and March 31, 1999. APPEARANCES: The Complainant appeared through his attorney, Joseph Watson. The Respondent appeared on his own behalf assisted, at times, by his attorney, Hugh Cawthorne. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for consolidated hearing with Case No. T98-0426 (FGPJ APARTMENTS AND DEVELOPERS -v- A AMERICAN ELECTRICAL SERVICES) on January 28, 1999, February 19, 1999, and March 31, 1999. The Complainant appeared through his attorney, Joseph Watson, and the Respondent appeared on his own behalf assisted, at times, by his attorney, Hugh Cawthorne. 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-01 License issued by the Registrar of Contractors.

2. This is a commercial matter where the Complainant performed construction work as an electrical subcontractor for the Respondent who was functioning as the general contractor and owner of a commercial project to add new apartments and remodel existing apartments in a apartment complex owned by the Respondent.

3. At the start of the project the parties were personal friends. During the course of construction, the parties’ personal relationship deteriorated rapidly. Both parties demonstrated an ongoing inability to effectively communicate without a high risk of physical danger.

4. At the conclusion of the project, the parties became involved in a very sharp dispute regarding the amount of money that was claimed due and owing for the electrical work performed by the Complainant. The Complainant alleges that he is owed the sum of $7,177.50 for contractual electrical work, change orders, extras and accumulated interest.

5. The Respondent sharply disputes all change orders and extras, and accumulated interest and asserts that the Complainant failed to perform his electrical work in an acceptable manner and that, consequently, the Respondent has suffered financial damages as a result of the Complainant’s failure to properly perform construction work in accordance with the parties’ written agreement.

6. The parties are currently involved in a hotly contested monetary dispute regarding these same issues in Superior Court.

7. During the hearing the Respondent, Frank John Konarski d.b.a. FGPJ Development, was volatile, combative, threatening, rude, erratic and often incomprehensible.

8. Despite the Respondent’s very poor personal behavior, it is found that the Respondent’s dispute regarding the Complainant’s claim for payment for alleged extras and change orders is being made in good faith and that this matter should be more properly resolved, if at all, in the parties concurrent civil suit.

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

CONCLUSIONS OF LAW

The Registrar of Contractors is not empowered to adjudicate or award money damages, other than restitution. Until and unless the monetary dispute, having been found to be in good faith, is resolved by a civil court of competent jurisdiction no violation of the charged provisions of A.R.S. §32-1154(A) by Frank Konarski d.b.a. FGPJ Development is supportable.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Case No. T98-0426, together with the complaint upon which it is based, be dismissed.

It is further recommended that the Respondent, Frank John Konarski d.b.a. FGPJ DEVELOPMENT, be formally admonished that the very poor personal behavior exhibited by him during the hearing for this matter is unacceptable for a licensed contractor and that any repetition of the Respondent’s unacceptable conduct in any future complaint filed against him may result in appropriate . . . . . . . . . . . . disciplinary action being instituted against the Respondent’s Class B-01 contractors license.

Dated this 12th day of April, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of April, 1999 to:

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

Transmitted by:

-----------------------