ALJDEC

99F-A0186-ROC · Registrar of Contractors · 1999-08-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 28, 1999 APPEARANCES: Sharon Eisen on behalf of the Complainant; Bruce E. Rosenberg, Esq. on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. Following a prolonged discussion between the parties outside of the Administrative Law Judge’s presence prior to commencing the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read into the record. 2. Pursuant to the terms of the aforementioned settlement agreement, Respondent agreed to: a) perform corrective work to alleviate the drainage problems alleged to have been caused by Respondent’s asphalt work, the details and cosmetics to be presented to and be pre-approved by Sharon Eisen and Victor Eisen, the managers of the Cascade Motel (“Complainant”) and Respondent agreed to make other necessary repairs to the asphalt of the motel; b) Respondent is to commence the above-mentioned work within 90 days of the date of the hearing and the work is to be completed no later than 120 days from the date of the hearing, weather permitting, or as soon thereafter as practicable; c) Complainant shall provide reasonable access to the motel to Respondent for inspection and the above-mentioned corrective work; Respondent shall contact Sharon Eisen and Victor Eisen and provide 48 hours advance notice for such access; d) Respondent may contact Sharon and Victor Eisen at 805 White Star Road, Prescott, Arizona 86303, (520) 445-1232; e) At the conclusion of Respondent’s corrective work, the parties shall contact the local Registrar of Contractors inspector and request his inspection of the corrective work with the understanding that the parties agree to abide by the determination made by that inspector as to whether the corrective work is satisfactory or if additional corrective work is required; f) Complainant agrees to dismiss the instant complaint; and g) Complainant waives any claim for additional monetary damages arising out of the business transaction between the parties that is the subject of this matter. 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 forgoing 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. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Director of the Registrar of Contractors: a) accept the above-mentioned settlement agreement; b) direct the Prescott inspector of the Registrar of Contractors to inspect the corrective work contemplated in the above-mentioned settlement upon being contacted by either party that the work has been accomplished, and the inspector shall provide the parties with a written statement as to whether such work accomplished correction of the above- mentioned deficiencies; and c) dismiss Citation No. 96-0618, together with the Complaint upon which it is based. Done this day, August 6, 1999

______________________________________ Lewis D. Kowal Administrative Law Judge

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

Registrar of Contractors Mr. 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