ALJDEC 98f-t0389-roc

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

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Frank John Konarski d.b.a. |§|CASE NO.: t98-0389 | |F G P J DEVELOPMENT, |§| | | |§|DOCKET NO.: 98f-t0389-roc | |Complainant, |§| | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No.113421, Class L-11 of |§| | |Boris Gefter d.b.a. A AMERICAN |§| | |ELECTRICAL SERVICES, |§| | | |§| | |Respondent. |§| | | |§| |

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

This matter came on for consolidated hearing with Case No. T98-0426 (A AMERICAN ELECTRICAL SERVICES -v- License No. 111564, Class B-01 of Frank John Konarski d.b.a. FJPJ Development) on January 28, 1999, February 19, 1999, and March 31, 1999. The Complainant on his own behalf, at times assisted by his attorney, Hugh Cawthorne, and the Respondent appeared through his attorney, Joseph Watson. 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 L-11 License issued by the Registrar of Contractors.

2. This is a commercial matter where the Complainant, Frank Konarski d.b.a. FGPJ Development, acted as the general contractor, and owner, of a construction project to add new apartments and remodel existing apartments in an apartment complex owned by the Complainant. The Respondent, A AMERICAN ELECTRICAL SERVICES, performed construction work as an electrical subcontractor for the commercial project.

3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to grant the Complainant a financial offset for the Complainant’s dissatisfaction despite repeated requests that he 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. The assigned agency inspector found that the Respondent’s rough-in electrical work had been properly completed and received a final approval from the local building authority and moved to close the Complaint.

5. The Complainant then requested a formal hearing.

6. Credible evidence, presented at hearing, established that the local building authority did require the Respondent to perform designated corrective action on the rough-in electrical work for the project.

7. Credible evidence established that corrective action was performed on the Respondent’s electrical work to the local building authority’s satisfaction and that the local building authority did issue a final approval for the Respondent’s electrical work.

8. The credible evidence of record is insufficient to sustain a finding that the Respondent has violated any of the charged provisions of A.R.S. §32-1154(A).

9. The credible evidence of record established that the parties are involved in a sharply contested monetary dispute regarding this same project in Superior Court.

10. During the hearing the Complainant, Frank John Konarski d.b.a. FGPJ Development, was volatile, combative, threatening, rude, erratic and often incompressible.

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 does not support any finding that the Respondent has violated the charged provisions of A.R.S. §32-1154(A).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. T98- 0389, together with the Complaint upon which it is based, be dismissed.

It is further recommended that the Complainant, Frank John Konarski d.b.a. FJPJ 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 Complainant’s unacceptable . . . . . . conduct in any future complaint may result in appropriate disciplinary action being instituted against the Complainant’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

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