ALJDEC

99F-T0798-ROC · Registrar of Contractors · 2000-01-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 5, 2000, at 8:30 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, David Lynch. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on January 5, 2000. The Complainant appeared on his own behalf and the Respondent appeared through its authorized representative, David Lynch. 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 L-79 License issued by the Registrar of Contractors. 2. This is a commercial matter where the Respondent replaced three existing HVAC units with three new HVAC units. 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 commercial building. 5. There was no dispute that one of the HVAC systems was improperly installed. 6. Credible evidence, presented at hearing, established that the Respondent utilized an alternative licensed HVAC contractor to correct the installation of the HVAC system and to comply with the terms and conditions of the corrective work order. 7. Credible evidence established that the alternative licensed contractor did obtain all required permits and did properly correct the HVAC system. 8. Credible evidence established that the corrective work was performed in accordance with applicable workmanship standards and was approved by the local building authorities. 9. In addition to the items set forth in the corrective work order, credible evidence established that a ceiling register is not properly installed and is leaking. The Respondent shall properly correct the ceiling register installation. 10. The parties did not have a written agreement. The Respondent did give the Complainant a written invoice after its work was completed. The written invoice is found to fail to comply with provisions of A.R.S. §32- 1158 (Minimum elements of a contract). The Respondent is admonished that the statutory requirements of A.R.S. §32-1158 are mandatory and must be complied with. 11. There was no dispute that the parties’ oral agreement required that the Complainant’s existing duct work be utilized in the installation of the new HVAC systems. Credible evidence established that the existing duct system has numerous deficiencies which affect the operation of the HVAC systems. The Respondent is not found to be responsible for any problems with the existing duct work. 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) (3); namely, Rule R4-9-108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class L-79 License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly caused the proper correction of the Complainant’s leaking ceiling register. 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. T99-0798 shall be closed. It is further recommended that the Respondent be formally admonished that any contract in an amount of more than seven hundred fifty dollars and less than one hundred fifty thousand dollars, entered into between a contractor and the owner of a property to be improved, shall be in writing and shall contain the minimum elements set forth by A.R.S. §32- 1158. Done this day, January 12, 2000.

OFFICE OF ADMINSTRATIVE HEARINGS

______________________________________ M. DOUGLAS Administrative Law Judge

Original transmitted by mail this ____ day of January, 2000, to:

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

By _______________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520)628-5488