ALJDEC

99F-P0212-ROC · Registrar of Contractors · 1999-10-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|RHONDA FRANCISCO, |§|CASE NO.: P99-0212 | | |§| | |Complainant, |§|DOCKET NO.: 99F-P0212-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 101109, Class B- of |§|DECISION AND ORDER | |BOHN BUILDING AND DEVELOPMENT |§| | |INC. (CORP), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: September 29, 1999, at 11:00 a.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared through its president, Chris Bohn. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on September 29, 1999. The Complainant appeared on her own behalf and the Respondent appeared through its president, Chris Bohn. 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 Respondent constructed a new residence for the Complainant.

3. Shortly after moving into the new residence, the Complainant noticed that the residence was suffering severe interior drywall cracking, and that the doors and door jambs, windows and window jambs were sticking.

4. The Complainant requested the Respondent to find the cause of the problems and correct them.

5. 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.

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

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

8. Credible evidence, presented at hearing, established that the entire residence has suffered extensive settlement problems and that the settlement problems have caused extensive damage throughout the residence, including, doors and windows out of adjustment, drywall cracking, ceiling cracking, grout cracking, and numerous other problems associated with settlement problems.

9. There was no dispute that the Respondent failed to perform any soils analysis for the Complainant’s property or to perform any checks to see if there were any soil problems in the area before it constructed the new residence.

10. The Respondent shall have the residence inspected by a structural engineer. The Respondent shall perform whatever work is deemed necessary by the structural engineer to ensure that the cause of the settlement problem is properly eliminated.

11. Once the settlement problem has been corrected according to the structural engineer’s recommendations, then the Respondent shall properly correct all of the items set forth in the written corrective work order and the Complainant’s addendum to her complaint, including the proper correction of all concrete cracks, all interior drywall cracks, all ceiling cracks, all grout and tile cracks, and the proper adjustment of all doors, windows and cabinets.

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 caused the accomplishment of the corrective actions set forth above in Finding of Fact Nos.10 and 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. P99-0212 shall be closed.

Dated this 14th day of October, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of October, 1999 to:

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

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