ALJDEC

99F-0518-ROC · Registrar of Contractors · 1999-04-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 6, 1999 APPEARANCES: David Gaona, Esq. for the Complainant; Eugene Petrovits, Esq. for the Respondent ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT Prior to the convening of the April 6, 1999 hearing, the parties had an off the record discussion concerning resolution of this matter. Following such discussion between the parties outside of the Administrative Law Judge's presence, the parties concluded a settlement agreement, the essential terms of which were read into the record. Pursuant to the terms of the settlement agreement that was reached by the parties, Respondent shall take corrective action as full and final resolution of all the issues outstanding at this hearing. The terms of the settlement agreement are set forth below. Respondent shall perform corrective measures with respect to the following items set forth in the October 28, 1998, Corrective Work Order ( a copy of which is attached and incorporated herein): Item I-paragraph 1, Item I-paragraph 2, and Item II- paragraph 5. Item I- paragraph 3 of the Corrective Work Order shall be addressed in the civil lawsuit between the parties that is pending in the Maricopa County Superior Court. Respondent by agreeing to perform the above-mentioned corrective work does not admit any liability or responsibility to Complainant nor is the acceptance of such work by Complainant to be considered an admission in the above-mentioned civil action that Respondent’s corrective measures are appropriate. Respondent is not charging Complainant for labor or materials for the above-mentioned work nor will Respondent backcharge Complainant for such work in the above-mentioned civil action; and Complainant dismisses the instant complaint. The remedial work to be performed by Respondent shall be accomplished within three weeks after April 9, 1999, the date by which counsel for the parties shall exchange letters concerning settlement, and Respondent is to provide forty-eight hour notice to Complainant for access to the property to perform the work. 7. The terms of the settlement agreement appear to be fair and reasonable under the circumstances. The agreement was determined to be the product of a knowing and voluntary action of the parties. 8. The parties acknowledged that any further hearing concerning this matter shall be limited to whether there has been compliance with the terms of the settlement agreement. CONCLUSIONS OF LAW The law favors settlement of disputes and adverse parties are free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and dismissal of the allegations contained in the Citation and Complaint issued in this matter.

RECOMMENDED ORDER Based on the above, the Citation and the entire Complaint issued in Case Number 98-0518, shall be dismissed. Done this day, April, 14,1999

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

Registrar of Contractors Michael P. Goldwater 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826