ALJDEC

99F-T0812-ROC · Registrar of Contractors · 1999-12-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|CONNIE KIRKWOOD, |§| | |and |§|CASE NO.: T99-0812 | |LAURA KIRKWOOD, |§| | |Complainants, |§|DOCKET NO.: 99F-T0812-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 139012, Class K-10 of|§|DECISION AND ORDER | |David Foster Loew d.b.a. |§| | |INTERIOR WALLS AND CEILINGS, |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: November 30, 1999, at 8:30 a.m. APPEARANCES: The Complainants appeared through Laura Kirkwood. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on November 30, 1999. The Complainants appeared through Laura Kirkwood and the Respondent appeared on his own behalf. 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 now the holder of a Class K-10 License issued by the Registrar of Contractors. However, there was no dispute that the Respondent was not a licensed contractor when he performed the interior drywall work on the Complainants’ residence.

2. There was no dispute that the Respondent did install all of the interior drywall in the Complainants’ residence and garage.

3. Credible evidence established that the drywall construction work was performed prior to the October 30, 1998 issuance of the Respondent’s Class K-10 License and that the Respondent performed construction work, and was paid in excess of $750.00, as a drywall subcontractor for the construction of the Complainants’ residence.

4. The Complainants were dissatisfied with the Respondent’s workmanship and failure to 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 Complainants’ residence.

6. The Respondent failed to comply with the terms and conditions of the written corrective work order.

7. Credible evidence established that the following items constitute deficient and unacceptable workmanship, and require proper corrective action, by the Respondent:

h) There is no tape or caulking on the drywall at the floor of the A/C return air plenum in the garage mechanical room. The Respondent shall properly cause the drywall at the floor of the garage mechanical room to be properly taped and caulked.

i) The drywall around the duct-work is not properly taped and caulked. The Respondent shall cause the drywall around the duct- work to be properly sealed.

j) There is a long, unacceptable, crack in the corner of the west wall in the great room area. The Respondent shall cause the crack to be properly corrected.

k) There are unacceptable voids in the drywall around the vigas in the great room ceiling. The Respondent shall cause the drywall around the ceiling vigas to be properly corrected.

l) The Respondent failed to properly tape and texture the bottom of the storage room walls. The Respondent shall cause the walls to be properly taped and textured.

m) The Respondent shall properly, as restitution, reimburse the Complainants for their expenses in performing emergency repairs to the drywall in the residence in the total sum of $10.00.

n) There are several areas of prior corrective work on the drywall which have not been properly painted. After the Respondent has caused the proper accomplishment of all of above stated corrective action the Respondent shall, utilizing a properly licensed contractor, cause all drywall repairs to be properly painted and touched-up.

15. 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 K-10 License be revoked until the Registrar of Contractors receives proof that the Respondent has properly accomplished the corrective action set forth above in Finding of Fact Nos. 7(a) through 7(g).

It is further recommended that if, on or before the effective date of this Order, the Registrar of Contractors receives proof that the Respondent has properly accomplished the corrective action set forth above in Finding of Fact Nos. 7(a) through 7(g), then the above provided License revocation shall not take place and Citation No. T99-0812 shall be closed.

Dated this 8th day of December, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of December, 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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