ALJDEC

99F-2814-ROC · Registrar of Contractors · 1999-09-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 8, 1999 APPEARANCES: Don Ebert, Owner, on behalf of the corporate Complainant ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

Findings Of Fact On June 12, 1998, the Complainant entered a contract with a Abbas Naini (Naini), to “supervise” the construction of a building for car sales and a five bay garage, in Tempe Arizona. According to the contract between the Complainant and Naini, the Complainant would be paid 10% of the project cost with a maximum of $18,500.00 as compensation. Naini contracted with and paid subcontractors including the Respondent. The Complainant had no contract or any other identifiable legal relationship with the Respondent. Naini filed a complaint, No. 99-2393, with the Registrar of Contractors (Registrar), against the instant Complainant. In general terms, the complaint alleged that the Complainant failed to properly supervise the work of the subcontractors. An inspector from the Registrar’s office sent a letter informing the Complainant of the Naini complaint and instructing the Complainant to address it. The Complainant testified he had been instructed by the Registrar’s office to correct certain aspects of the work done for Naini but no specifics were provided which would relate to the instant Respondent nor could the Complainant produce a Corrective Work Order (CWO) for the Naini case. Based on the possibility that he might be found liable for the work of others, the Complainant filed his complaint against the Respondent. After being questioned by counsel for the Respondent, and prior to any evidence being received relative to the allegations of the instant complaint (workmanship and wrongful conduct), counsel for the Respondent moved to dismiss the case for the reason that there was no contract between the Complainant and Respondent. Additional questioning by the Administrative Law Judge failed to disclose any facts which would establish a current legal basis upon which the Complainant could bring a claim against the Respondent and which would allow the jurisdiction of the Registrar to attach. Conclusions Of Law Based on the evidence presented, it is concluded that the Complainant presented an insufficient basis to establish any standing to pursue the instant complaint before the Registrar. Recommended Order In view of the foregoing, it is recommended that the Citation and Complaint upon which it is based be dismissed. Done this day, September 10, 1999.

_______________________________ ALLEN REED Administrative Law Judge

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

Michael P. Goldwater, Director Registrar of Contractors 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