ALJDEC

99F-P0215-ROC · Registrar of Contractors · 1999-10-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JERRY & BERTHA STALTER, |§|CASE NO.: P99-0215 | | |§| | |Complainants, |§|DOCKET NO.: 99F-P0215-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 032077, Class B- of |§|DECISION AND ORDER | |Jim Walter Homes Inc., d.b.a. |§| | |NEATHERLIN HOMES (CORP), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: September 29, 1999, at 8:30 a.m. APPEARANCES: The Complainants appeared through Jerry Stalter. The Respondent appeared through its attorney, Kenneth Miller. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on September 29, 1999. The Complainants appeared through Jerry Stalter and the Respondent appeared through its attorney, Kenneth Miller. 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 Complainants. There was no dispute that the Complainants were responsible for the interior painting and the installation of floor covering in the residence.

3. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainants then filed a lengthy 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 Complainants’ residence.

5. The credible evidence of record established that the Respondent performed corrective action on all of the items set forth in the corrective work order. However, the following items were shown to still constitute unacceptable workmanship and require further corrective action by the Respondent:

f) The paint on the front entry door displays unacceptable streaking and brush marks. The Respondent shall cause the front entry door to be properly prepped and painted.

g) The installation of the side-entry door still does not comply with applicable minimum industry standards. The Respondent shall correct the installation of the side-entry door.

h) Credible evidence established that the Respondent agreed to remove the air-return vent in the third bedroom. The Respondent shall properly remove the air-return vent and shall cause the drywall to be properly repaired and touched-up.

i) The split door-jamb has been repaired but not touched-up. The Respondent shall cause the repaired door-jamb to be properly touched-up. j) The texture on the interior drywall was shown to be uneven and to have several, large, flat areas. The Respondent shall cause the texture on the interior drywall to be properly corrected.

k) The outside corner of the trim in the kitchen area still does not comply with minimum industry standards. The Respondent shall properly correct the trim in the kitchen area.

l) The kitchen cabinets are still moving away from the wall. Credible evidence established that the cabinet doors over the refrigerator are still not plumb and the repair to the chipped cabinet does not comply with minimum industry standards. The Respondent shall properly repair, or replace, the kitchen cabinets.

m) The Respondent has installed a vent over the water-heater. Credible evidence established that the vent requires a trim ring. The Respondent shall cause a trim ring to be installed around the vent.

n) Credible evidence established that the Respondent left hammer marks on the kitchen ceiling while attempting to correct ceiling nail- pops. The Respondent shall properly correct the ceiling.

o) The drywall in the bathrooms is not flush with the showers and out of plumb. The Respondent shall properly repair, or replace, the drywall in the bathrooms.

p) The water supply fittings to the toilets still leak. The Respondent shall cause the water supply fittings to be properly repaired or replaced.

q) One of the water shut-off valves in the bathrooms was shown to still be leaking. The Respondent shall cause the water-shut off valve to be properly repaired or replaced and cause the proper repair or replacement of the water damaged shelving.

r) The bathroom counter-tops are pulling away from the walls. The Respondent shall cause the bathroom countertops to be properly repaired or replaced.

s) The repair of the exposed nail in the bathroom countertop has not been properly touched-up and is unacceptable. The Respondent shall cause the nail repair to the counter-top to be properly touched-up.

t) Credible evidence established that the parties entered into an oral agreement to replace the uneven window in the living room with a door. There was no dispute that the door was not required by the plans for the residence or the corrective work order issued in this matter. However, the Respondent did install the door pursuant to the parties’ agreement. The installation of the door has not been completed. The Respondent shall properly complete the installation of the door.

21. There was no credible evidence presented during the hearing to support the allegation that there was anything wrong with the electrical wiring installation in the residence or that the alleged light- flickering problem is the result of the any work performed by the Respondent.

22. The remaining items set forth in the complaint and the corrective work order were shown to have been corrected to within minimum industry standards.

23. 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) (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 corrective action set forth above in Finding of Fact Nos. 5(a) through 5(o), 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.P99-0215 shall be closed.

Dated this 18th 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

Transmitted by:

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