ALJDEC

99F-P0020-ROC · Registrar of Contractors · 1999-04-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ROBERT E. MILLER, |§|CASE NO.: P99-0020 | | |§| | |Complainant, |§|DOCKET NO.: 99F-P0020-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 061486, Class C-53 of|§|DECISION AND ORDER | |COPPERSTATE DRILLING AND SUPPLY, |§| | |INC., |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: April 7, 1999, at 8:30 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its qualifying party, Jeffrey McCray. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on April 7, 1999. The Complainant appeared on his own behalf and the Respondent appeared through its qualifying party, Jeffrey McCray. 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-53 License issued by the Registrar of Contractors.

2. This is a residential matter where the parties entered into a construction agreement wherein the Respondent agreed to drill a water well and install a water delivery system on the Complainant’s property and the Complainant agreed to pay the sum of $14,190.00 for the installation of the well system. The Complainant paid the Respondent the sum of $3,391.00 as a down payment.

3. During the course of the construction, the parties’ personal relationship deteriorated rapidly, culminating in several sharp, personal conflicts at the job-site.

4. Based upon the repeated conflicts and its concern over being paid for the completion of the project, the Respondent stopped work on the project.

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

6. The matter was then scheduled for formal hearing.

7. Both parties demonstrated an ongoing inability to effectively communicate without a high degree of personal animosity.

8. It is found that the Respondent wrongfully abandoned the construction project because of the Respondent’s dissatisfaction with the Complainant’s behavior at the job-site. The Respondent shall properly complete the construction project or in the alternative, as restitution, return the entire amount of the Complainant’s down payment in the sum of $3,391.00.

9. The Complainant’s claim for alleged damages to his trees is found to be more properly within the scope of civil matter and should be resolved, if at all, in a civil court of competent jurisdiction.

10. 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), and (1).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class C-53 License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly completed the project or, as restitution, returned the Complainant’s down payment of $3,391.00 to the Complainant.

It is further recommended that if the Respondent properly accomplishes the completion of the construction project or properly returns the Complainant’s down payment to the Complainant, on or before the effective date of this Order, then the above provided License suspension shall not take place and Citation No. P99-0020 shall be closed.

Dated this 19th day of April, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of April, 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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