ALJDEC

99F-S0117-ROC · Registrar of Contractors · 1999-08-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|CAROLYN CRANFORD AND KARIN |§|CASE NO.: s99-0117 | |HUMISTON, |§| | | |§|DOCKET NO.: 99f-s0117-roc | |Complainants, |§| | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 108019, Class B- of |§|DECISION AND ORDER | |Joel Leroy Ward d.b.a. |§| | |HOUSEWRIGHT CONSTRUCTION (INDIV),|§| | | |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: August 4, 1999, at 1:30 p.m. APPEARANCES: The Complainants appeared through Karin Humiston. The Respondent appeared through its attorney, Ralph Malanga. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on August 4, 1999. The Complainants appeared through Karin Humiston and the Respondent appeared his attorney, Ralph Malanga. 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. At the onset of the hearing, Karin Humiston, a co-owner of the residence, was added to the complaint as a named Complainant pursuant to stipulation between the parties.

2. Respondent is the holder of a Class B- License issued by the Registrar of Contractors.

3. This is a residential matter where the Respondent constructed an addition to, remodeled the interior of, the Complainants’ residence.

4. The Complainants were dissatisfied with the Respondent’s workmanship and failure to properly correct his work despite repeated requests that he do so. The Complainants then filed a formal complaint, against the Respondent, with the Registrar of Contractors.

5. 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.

6. Credible evidence, presented at hearing, established that the Respondent did properly correct several items on the written corrective work order. However, the following items were shown to constitute unacceptable workmanship attributable to, and remaining uncorrected by, the Respondent:

g) Credible evidence established that the activity room floor is still wavy despite the Respondent’s repair efforts. The Minimum Workmanship Standards for Licensed Contractors provides that the minimum acceptable tolerance for wavy floors is as follows: “Floors shall not vary from flat exceeding ¼” over a 10’ area provided that the deviation is gradual. Deviations, dips or sags over short distances and easily visible to the eye will be considered unacceptable.”

h) Credible evidence established that the activity room floor, which is approximately 10’ by 20’, is noticeably wavy and that it has dips in excess of ¼”. The Respondent shall properly repair, or replace, the activity room floor.

i) Credible evidence established that there are still sharp tile in the shower area. The Respondent shall properly repair, or replace, all sharp tile in the shower area.

j) Credible evidence established that there remains grout and caulking deficiencies in the shower area. The Respondent shall properly correct all unacceptable grout and caulking deficiencies in the shower area.

k) The Respondent shall inspect the hallway drywall and properly repair any cracks in excess of 1/16th inch.

12. The remaining items of the complaint and the corrective work order were either admittedly corrected or insufficiently shown to be workmanship deficiencies.

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) (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 Findings 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. S99-0177 shall be closed.

Dated this 18th day of August, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of August, 1999, to:

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

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