ALJDEC

99F-2291-ROC · Registrar of Contractors · 1999-10-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 13, 1999 APPEARANCES: Complainant : John R. Jefferies, Attorney with the Phoenix Law Firm Fennemore Craig. Respondent : W.R. “Bill” Furman, President, WRF Management Consulting/Monument Homes. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________

FINDINGS OF FACT

1. The hearing convened as scheduled on October 13, 1999 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. At the outset of the hearing, the parties manifested movement in the direction of a resolution of the issues that had resulted in Complainant’s having filed his complaint. The parties were, therefore, afforded the opportunity to craft a settlement agreement, the essential terms of which were read into the record. For purposes of determining this matter, the obligations of the parties under the settlement agreement set forth below, if accepted by the Director of the Arizona Registrar of Contractors, are binding on each other. 2. Pursuant to the parties’ stipulation and agreement, Respondent agrees as follows: (1) To readdress items in the Registrar’s Corrective Work Order of May 7, 1999 concerning which Complainant yet manifests dissatisfaction; (2) to repair five additional items raised by Complainant, namely, a) the stucco wherein cracks have appeared, b) the closet support in the master bedroom, c) loose faucets in the main bath and in the master bath, d) the defect in the wall/ceiling intersection in the dining room, and e) the “wavy” wall in the handicapped bathroom; (3) that all repair work will be completed within 60 days from the incipient date of the scheduled repair, October 18, 1999; (4) that the Respondent contractor will pay a $100.00 per day liquidated damage for each day whereon the work is not completed commencing with the 61st day subsequent to October 18, 1999. Complainant, in turn, agrees (1) to allow the contractor and designated subcontractors unfettered access to the interior premises between the weekday hours 8:00 A.M. to 5:00 P.M. and to the exterior premises on Saturdays between the hours 8:00 A.M. and 5:00 P.M.; (2) to provide the contractor written explanation for Complainant’s determination to deny contractor unlimited access to the premises as heretofore delineated; and (3) that Complainant’s consultant/inspector, Harvey J. Lawrence & Associates, will inspect for workmanship and will charge Respondent no more than $2,500.00 for such inspection(s), inclusive. The parties stipulate that by this agreement neither party has, in any particular or to any effect, waived respective contractual rights. Both parties acknowledge that they enter into this stipulation and agreement voluntarily and upon a presumption of good faith. 3. The parties have agreed that all rights and defenses relating to this matter are merged into the stipulation and agreement and should any petitions for rehearing be filed and granted, or new complaints filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the stipulation and agreement executed by them at the hearing. 4. The terms of the foregoing stipulation and agreement appear reasonable under all the circumstances and this agreement is hereby determined the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by relevant tribunal(s). 2. The settlement reached and crafted by the parties during the hearing of this matter and which has been submitted into the record at hearing is found to be reasonable and voluntarily made.

RECOMMENDATION

IT IS RECOMMENDED that the stipulation and agreement entered into by the parties hereto be approved and that Citation No. M99-2291, together with the Complaint upon which it is based, be closed.

Set forth this 13th day of October 1999.

______________________________________ Gary B. Strickland Administrative Law Judge

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

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

By ___________________________

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