ALJDEC

99F-T0080-ROC · Registrar of Contractors · 1999-03-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|THOMAS W. MCMURREN, |§|CASE NO.: T99-0080 | | |§| | |Complainant, |§|DOCKET NO.: 99F-T0080-ROC | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER on rehearing | |License No. 120844, Class B- of |§| | |JMC BUILDERS, INC. (CORP), |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| |

HEARING: February 12, 1999, at 1:30 p.m. and March 15, 1999, at 8:30 a.m. APPEARANCES: The Complainant appeared through his attorney, Karl MacOmber. The Respondent appeared through its attorney, Jack Lansdale. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for rehearing on February 12 and March 15, 1999. The Complainant appeared through his attorney, Karl MacOmber, and the Respondent appeared through its attorney, Jack Lansdale. 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 performed extensive fire restoration work on the Complainant’s residence.

3. 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.

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 Complainant’s residence.

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

6. The following items were demonstrated to constitute unacceptable workmanship requiring proper corrective action by the Respondent:

g) The Arizona room is not complete. The Respondent shall properly complete the Arizona room in accordance with the parties’ agreement.

h) The kitchen window sill does not comply with applicable industry standards. The Respondent shall properly correct the kitchen window sill.

i) The kitchen countertop does not comply with applicable industry standards. The Respondent shall properly repair or replace the kitchen countertop.

j) The Respondent failed to complete the installation of the dryer vent. The Respondent shall properly complete the dryer vent installation.

k) There are still several missing handles and pulls on the kitchen cabinetry. The Respondent shall properly install the missing handles and pulls.

l) There is still unacceptable light around the entry doors. The Respondent shall properly correct the installation of the entry doors.

m) The Respondent’s correction of the dent in the exterior kitchen door has failed. The Respondent shall properly correct the dent in the exterior kitchen door.

n) There are areas of paint in the kitchen and master bedroom ceilings which require proper touch-up for sheen. The Respondent shall properly correct the kitchen and master bedroom ceilings.

o) There are several unpainted drywall repairs in the residence. The Respondent shall ensure that all drywall repairs are properly painted.

p) There are unacceptable paint runs and paint drips on the interior doors. The Respondent shall properly correct the finish of the interior doors.

q) The living room and hall bookcases have not been refinished. The Respondent shall properly refinish the bookcases in the living room and hall.

r) The furnace and hot water heater platform still sags. The Respondent shall properly repair or replace the platform.

s) There are excessive amounts of solder drips and burnt spots on the TPR valve of the hot water heater. The Respondent shall properly correct the solder drips and burnt spots. t) The furnace and hot water heater closet door vent does not comply with applicable industry standards. The Respondent shall correct the closet door vent.

u) The hall bathroom sink does not comply with applicable industry standards. The Respondent shall properly repair or replace the hall bathroom sink.

v) The hall bathroom vanity does not comply with applicable industry standards. The Respondent shall properly repair or replace the hall bathroom vanity.

w) The hall bathroom tub access panel is not painted. The Respondent shall proper paint the hall bathroom tub access panel.

x) The hall bathroom medicine cabinet is still loose. The Respondent shall properly correct the hall bathroom medicine cabinet.

y) Several windows throughout the residence have not been properly corrected. The Respondent shall inspect all of the windows and ensure that all of the windows operate properly.

z) The master bathroom countertop has not been completed. The Respondent shall properly complete the installation of the bathroom countertop.

aa) There are still missing and loose closet door guides. The Respondent shall properly complete the installation of the closet door guides ensuring that all guides are tight and functional.

ab) The Respondent has made extensive efforts to correct the drywall defects in the residence. However, credible evidence established that there are still several areas of sheen variation in the ceilings and hallway and that several tape joints still fail to comply with applicable industry standards. The Respondent shall properly correct the areas of sheen variation and the noticeable tape joints.

ac) The Respondent shall complete the installation of curtain rods throughout the residence and shall properly repair or replace all bent or damaged curtain rods.

ad) The installation of the vents at the front soffit area does not comply with applicable workmanship standards. The Respondent shall properly repair or replace the vents.

ae) The masonry work on the residence does not comply with applicable industry standards with walls out of plumb, varying grout widths and mortar splashes. The Respondent shall properly repair or replace the masonry walls.

af) The sealing of the A/C lines does not comply with applicable industry standards. The Respondent shall properly correct the sealing of the A/C lines.

ag) The mortar on the top of the fireplace chimney flue has cracked. The Respondent shall properly correct the cracked mortar.

ah) The damper for the evaporative cooler was not sealed off properly. The Respondent shall properly seal off the damper for the evaporative cooler.

ai) The carport post footings have not been fully eliminated. The Respondent shall properly correct the carport post footings.

aj) The roof on the Complainant’s residence does not comply with applicable industry standards. The Respondent shall properly repair or replace the roof.

ak) The Respondent shall properly clean up the job-site of all construction related materials.

38. The remaining enumerated items presented at hearing were either shown to have been corrected to within applicable industry tolerances or were insufficiently proven to be within the scope of the parties contractual agreements.

39. During the course of construction, the parties entered into a barter type of arrangement wherein the Complainant was to transfer real property and gems to the Respondent in exchange for the performance of construction work on the project. The parties are now in a very sharp dispute regarding the value of the real property and the value of the gems. The parties’ disputes regarding the amount due under their contractual agreement and the value of the real property and gems that the Complainant actually offered to transfer are found to be a civil matter and should be resolved, if at all, through a civil court of competent jurisdiction.

40. During the course of construction, the parties developed a very poor personal relationship. Both parties demonstrated an ongoing inability to effectively communicate or even to schedule their job-site work.

41. In view of the parties’ demonstrated personal animosity, it is suggested that all designated corrective action be performed by an alternative licensed contractor of the Respondent’s choosing.

42. 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 be revoked.

It is further recommended that if the Respondent furnished proof that it has caused the proper accomplishment the corrective actions set forth above in Finding of Fact Nos. 6(a) through 6(ee), on or before the effective date of this Order, then the above provided License revocation shall not take place and Citation No. T99-0080 shall be closed.

Dated this 29th day of March, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of March, 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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