ALJDEC

98F-Y0027-ROC · Registrar of Contractors · 1998-03-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |DENNIS CONSTRUCTION CO. OF YUMA,|§|CASE NO.: Y98-0027 | |INC., |§| | | |§|DOCKET NO.: 98F-Y0027-ROC | |Complainant, |§| | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No. 102166, Class L-11 |§| | |of |§| | |Arnoldo Perez d.b.a. |§| | |A P SERVICE (INDIV.), |§| | | |§| | |Respondent. |§| |

HEARING: February 24, 1998, at 8:30 a.m. APPEARANCES: The Complainant appeared through its president and qualifying party, Keith Dennis. The Respondent appeared through his attorney, Ted Bowen. ADMINISTRATIVE LAW JUDGE: M. Douglas

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. Respondent is the holder of a Class L-11 License issued by the Registrar of Contractors.

2. This matter concerns a commercial project where the Respondent functioned as a subcontractor for the Complainant which was the general contractor for the project.

3. The Complainant filed a formal complaint, against the Respondent, alleging that the Respondent failed to properly complete the commercial project and that, consequently, the Complainant had to expend moneys over and above the contractual amount to complete the project as well as liquidated damages caused by the Respondent’s failure to complete the project.

4. During the hearing, the parties reached a settlement agreement, the essential terms of which were stated for the record.

5. Pursuant to the terms of the parties’ settlement agreement, the Respondent agreed to pay an agreed upon sum of $17,895.17, to the Complainant on a payment basis with the first payment of $1,895.00 to be paid on or before March 15, 1998. The parties stipulated to the subsequent monthly payments and interest rates.

6. Pursuant to the parties’ settlement agreement, the Complainant agreed to withdraw its complaint and agreed to ask that this matter be closed.

7. 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 instant hearing.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. Y98-0027 be closed on the effective date of this order.

Dated this 27th day of February, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of March, 1998 to:

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

Transmitted by: -----------------------