ALJDEC

99F-H0224-ROC · Registrar of Contractors · 1999-11-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|PAUL INGLEDUE, |§|CASE NO.: h99-0224 | | |§| | | |§|DOCKET NO.: 99f-h0224-roc | |Complainant, |§| | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No. 048163, Class B- of |§| | |F AND B LTD. (CORP), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: October 29, 1999 at 8:30 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its president, Steven Bailey. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 29, 1999. The Complainant appeared on his own behalf and the Respondent appeared through its president, Steven Bailey. 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 B- License issued by the Registrar of Contractors.

2. This is a residential matter where the Complainant purchased a new residence constructed by the Respondent.

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

4. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence.

5. Credible evidence established that the Respondent did perform corrective action on the Complainant’s residence but that the Respondent’s corrective actions failed to satisfy the terms and conditions of the corrective work order and failed to resolve the issues set forth in the formal complaint.

6. The following items were shown to constitute unacceptable workmanship and to require appropriate corrective action by the Respondent:

g) The use of OSB boards in the roof overhangs does not comply with the manufacturer’s recommendations which specify that the OSB boards are not to be utilized in exterior applications where the OSB boards will be exposed to weather conditions. The Respondent shall either properly enclose the soffits with suitable, industry approved, materials and paint the new materials to match the rest of the trim on the residence or remove and replace the OSB boards in the roof overhang.

h) Credible evidence established that the Respondent left paint spots on the Complainant’s patio and exterior walls when the Respondent attempted to paint the overhang. The Respondent shall properly remove or touch-up the paint on the concrete patio and on the exterior walls of the Complainant’s residence.

i) Credible evidence established that the finish on the kitchen and bathroom cabinet doors is deteriorating and flaking off. The Respondent shall properly correct the finish on the cabinet doors.

j) Credible evidence established that the finish on the back door was applied over foreign matter. The Respondent shall properly correct the finish on the back door.

k) Credible evidence established that the Respondent damaged a door jamb when a strike plate was moved. The Respondent shall properly repair, or replace, the damaged door jamb.

12. 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 B- License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly accomplished the corrective actions set forth above in Finding of Fact Nos. 6(a) through 6(e), inclusive. It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and Citation No. H99-0224 shall be closed.

Dated this 16th day of November, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of November, 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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