ALJDEC

99F-1805-ROC · Registrar of Contractors · 2000-06-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 2, 2000 APPEARANCES: Dan and Holly Walker, Complainants No one appeared on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. The Respondent built the Complainants’ home and the Complainants moved in on December 24, 1996. 2. Over the next two years the Complainants maintained a punch list of items which needed correction. The Respondent corrected some but not all of the items. Some of the attempted repairs were not successful. 3. On December 11, 1998, the Complainants filed their complaint with the Registrar of Contractors (Registrar). 4. On February 8, 1999, Inspector Lewis King (King) performed an inspection and as a consequence issued a Corrective Work Order (CWO), which required the Respondent to correct 14 items. 5. The Respondent attempted repairs on some of the items but those repairs were ineffective. Other corrective work was not done. 6. The Citation and Complaint was issued on March 14, 2000. The Answer was filed on March 22, 2000, and the Respondent asserted that the Respondent corporation had been out of business for a year. 7. King performed a pre-hearing inspection on June 1, 2000. A kitchen island cabinet telephone outlet cover was corrected by the Complainant. The following items remain to be corrected or were improperly repaired. H. The garage double overhead door still does not lock; I. The fire sprinkler riser alarm is corrected but the external fire alarm is still not working; J. Thirty fire sprinkler heads are defective. The Complainants were to receive replacement sprinklers and $5.00 per head for installation but have received nothing under a class action settlement. According to the Complainants, the installation allowance would not cover actual installation cost. K. Stucco and paint repair at the rear of the house does not match existing stucco and paint; L. Renewed cracking of previously corrected exterior stucco; M. Garage floor concrete curb is still cracked; N. There is still concrete debris at the rear patio columns; O. Although the condition is partially alleviated, dirty water still comes out of the master bath tub and shower in the morning; P. The dining room window drywall crack repair requires sanding and painting; Q. The ceiling crack between the family room and living room has not been repaired; R. The drywall crack north of the master bedroom closet door is not corrected; S. Although some repairs were attempted, the concrete patio columns continue to crack and peel; T. Although corrective work was attempted, the caulked junction of the wall and ceiling in the rear patio still shows excessive cracking. Conclusions of Law The allegations of the Citation and Complaint concern A.R.S. §32- 1154(A)(3), violation of any rule, specifically A.A.C. R4-9-108 relating to workmanship, (A)(7), a wrongful or fraudulent act resulting in substantial injury , and (A)(23) failure to take appropriate corrective action. 1. The evidence presented by the Complainants was not rebutted. It is substantial and credible. The Complainants have satisfied the evidentiary burden, which is proof by a preponderance of the evidence. The violations of the cited statutory provisions are proven (excluding a fraudulent act). 2. There is no mitigating evidence to consider in this case. The Respondent had ample time to do corrective work. There is no sound reason to recommend a contingent penalty. Recommended Order In view of the foregoing it is recommended, commencing on the effective date of the Order entered in this matter, that the Class B license of the Respondent be revoked. Done this day, June 12, 2000

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

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

By ___________________________ -----------------------

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