ALJDEC

99F-H0009-ROC · Registrar of Contractors · 1999-05-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|LINN CONSTRUCTION, |§|CASE NO.: H98-0304 | | |§|H99-0006 | | |§|H99-0007 | |Complainant, |§|H99-0008 | | |§|H99-0009 | | |§| | |-v- |§|DOCKET NO.: 98F-H0304-ROC | | |§|99F-H0006-ROC | | |§|99F-H0007-ROC | |License No. 088056, Class C-36 of|§|99F-H0008-ROC | |James Wesley Bauer d.b.a. |§|99F-H0009-ROC | |BAUER PLASTERING (INDIV), |§| | | |§|RECOMMENDED | | |§|DECISION AND ORDER | |Respondent. |§| | | |§| | | |§| |

HEARING: May 11, 1999, at 1:30 p.m. APPEARANCES: The Complainant appeared through its attorney, Jeff Goldberg. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

These matters came on for consolidated hearing on May 11, 1999. The Complainant appeared through its attorney, Jeff Goldberg, and the Respondent appeared on his own behalf. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. Respondent is the holder of a Class C-36 License issued by the Registrar of Contractors. The Respondent’s Class C-36 License was suspended from May 3, 1997 through May 30, 1997. The Respondent’s Class C-36 License was placed on inactive status on May 30, 1997.

2. All of these complaints involve residences where the Respondent performed construction work as an exterior plastering subcontractor for the Complainant.

3. Shortly after the new residences were completed and sold, the new homeowners began to experience repeated problems with the exterior stucco on their residences. The new homeowners complained to their general contractor, Linn Construction, and the general contractor complained to the exterior subcontractor, Bauer Plastering.

4. Credible evidence established that the Respondent slowly performed minor corrective actions on the new residences.

5. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct his work despite repeated requests that he do so. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors.

6. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspections of all five residences and issued written corrective work orders for all five residences directing the Respondent to perform designated corrective work on all five residences.

7. The Respondent failed to comply with the corrective work orders.

8. Credible evidence, produced at hearing, established that the exterior stucco on the residence at 2605 Triangle S (H99-0008) has been corrected by the homeowners at their own expense and that the homeowners no longer will allow the Respondent on their property.

9. Credible evidence, produced at hearing, established that the exterior stucco on the residence at 2770 Triangle S (H99-0009) has been corrected by the homeowners at their own expense and that the homeowners no longer will allow the Respondent on their property.

10. Credible evidence, produced at hearing, established that the exterior plastering application on the residence at 699 Rawhide (H99-0006) has failed. The poly-bond material on the pop-outs has failed and the exterior stucco is sheeting off of the residence. The Respondent shall properly cause the exterior plastering on the residence at 699 Rawhide (H99-0006) to be properly repaired or replaced.

11. The exterior plastering application on the residence at 2594 Triangle S (H99-0007) has failed. The poly-bond material on the pop-outs has failed and there are numerous unacceptable stucco cracks on the exterior plastering. The Respondent shall cause the exterior plastering on the residence at 2594 Triangle S (H99-0007) to be properly repaired or replaced.

12. The exterior plastering application on the residence at 3550 Packsaddle (H98-0304) has failed. The poly-bond material on the pop-outs has failed, there are numerous unacceptable stucco cracks on the exterior plastering and the prior stucco repairs on the exterior of the residence have not been properly touched up to blend in with the exterior of the residence. The Respondent shall cause the exterior plastering on the residence at 3550 Packsaddle to be properly repaired or replaced.

13. After the exterior plastering on the residences at 3550 Packsaddle (H98- 0304), 2594 Triangle S (H99-0007), and 699 Rawhide (H99-0006) have been properly repaired or replaced the Respondent shall cause the exterior of the residences to be properly re-colored, fog-coated, or painted.

14. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW

1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (7) (Wrongful Act), (23) and (3); namely, Rule R4-9-108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class C-36 License be revoked.

It is further recommended that if the Respondent properly accomplishes the above described corrective actions as set forth above in Finding of Fact Nos.10, 11, 12 and 13, on or before the effective date of this Order, then the above provided License revocation shall not take place and Citation Nos. H98-0304, H99-0006, H99-0007, H99-0008, and H99-0009 shall be closed.

Dated this 1st day of June, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of June, 1999 to:

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

Transmitted by:

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