ALJDEC

99F-L0014-ROC · Registrar of Contractors · 1998-11-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ONE-STOP LUBE & WASH, |§| | | |§|CASE NO.: L99-0014 | |Complainant, |§| | | |§|DOCKET NO.: 99F-L0014-ROC | |-v- |§| | | |§|RECOMMENDED | |License No. 091660, Class B-01 of|§|DECISION AND ORDER | |ASKLAND AND ASSOCIATES, INC., |§| | |(CORP), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: October 28, 1998, at 8:30 a.m. APPEARANCES: The Complainant appeared through its attorney, Harvey Jackson behalf. The Respondent appeared through its attorney, Murray Dolan. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 28, 1998. The Complainant appeared through its attorney, Harvey Jackson, and the Respondent appeared through its attorney, Murray Dolan. 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-01 License issued by the Registrar of Contractors.

2. This is a commercial matter where the Respondent constructed a new commercial facility for the Complainant. After taking possessions of the new facility, the Complainant began to experience problems with the facility’s electrical system.

3. The Complainant then contacted the Respondent and, upon inspection, both parties observed that there were numerous changes from plans and specifications in the as-built electrical system for the new facility.

4. There was no dispute that, after the Respondent filed a formal complaint against its electrical subcontractor, the electrical contractor corrected its work so that all of the electrical work in the Complainant’s new facility met minimum code requirements and complied with all minimum workmanship standards.

5. The Complainant was dissatisfied with the Respondent’s unauthorized departure from plans and specifications and its failure to remove and replace the electrical system despite repeated requests that it do so.

6. Credible evidence, presented at hearing, established that the Respondent’s electrical subcontractor departed from plans and specifications approximately 24 separate times and that that the departures from plans and specifications involved replacement of specified items and materials with less expensive electrical items and materials.

7. Credible evidence established that the Respondent’s electrical contractor saved approximately $2,500.00 by utilizing the less expensive electrical items and materials.

8. There was no dispute that this savings as a result of the departure from plans and specifications was not passed along to the Complainant.

9. Credible evidence established that the Complainant did not authorize or approve any departure from plans and specifications for the electrical system for the new facility.

10. Credible evidence established that there were no written change orders regarding the electrical system and that the Complainant’s architect did not authorize any changes from the approved plans and specifications.

11. Credible evidence established that a general contractor is fully responsible for any construction errors or omissions committed by its selected subcontractors. The fact that the Respondent may not have been aware of the electrical subcontractors’ unauthorized departure from plans and specifications does not alter the Respondent’s responsibilities as a general contractor.

12. The Respondent, utilizing a properly licensed electrical contractor, shall cause the removal and replacement of any portions of the electrical system which are not equal to or better than the materials and items specified in the approved plans and specifications for the Complainant’s commercial facility.

13. 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)(2), (7) (Wrongful Act), and (3); namely, Rule R4-9-108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class B-01 License shall be temporarily suspended for a period of thirty (30) days unless and until the Registrar of Contractors receives proof that the Respondent has properly caused the accomplishment of the corrective action set forth above in Finding of Fact No. 11.

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.L99-0014 shall be closed.

Dated this 12th day of November, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of November, 1998, 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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