ALJDEC

99F-3195-ROC · Registrar of Contractors · 1999-10-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 30, 1999 APPEARANCES: Complainants appeared on their own behalf and Respondent was represented by its attorney, Denise Troy. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a prolonged discussion between the parties subsequent to Complainants’ presentation of their case-in-chief, the parties concluded a settlement agreement, the essential terms of which were read upon the record. 2. It is important to note that Complainants purchased a model home from Respondent. Complainants were under the impression that they were to receive certain decorator items that appeared in said model home but same were removed prior to the closing on the home. The items in question were ultimately installed by Respondent in the home that Respondent is currently using as its model, which is across the street from Complainants’ home. In the spirit of good will, in order to “settle” the instant dispute, the parties agreed as follows: a. When Respondent sells and completes the closing on the existing model home in Complainants’ subdivision, Respondent will tender the following items to Complainants: i. A set of swags that were formerly hung in the master bedroom of the home that Complainants purchased. ii. A canopy that was formerly installed in the “Jill” bedroom of the home purchased by Complainants. iii. Two (2) accent shelves that were formerly installed in the “Jack” and “Jill” bedrooms of the home purchased by Complainants. b. The parties agreed that on or about October 1, 1999 Complainants would meet with Respondent in the current model home and identify the location of all of the items set forth in a(i) through a(iii) in Respondent’s current model home. The parties further agreed to prepare and sign a simple written document memorializing the location of the items in question. c. Respondent shall only be responsible to tender the items to Complainants at the above-described time and Complainants shall bear the expense of installation. d. Complainants are aware that a considerable period of time might pass before Respondent sells and closes on the current model home. e. Complainants agreed to withdraw their filed complaint. 3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement. 4. The terms of the foregoing settlement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes and adverse parties should be 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. RECOMMENDATION

In view of the foregoing, it is recommended that Citation No. 99- 3195, together with the Complaint upon which it is based, be dismissed. Done this day, October 6, 1999.

______________________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of October, 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