How to file complaint against an Arizona contractor

4 years ago
1

http://www.AttorneySteve.com

In this video Attorney Steve® discusses how to file a complaint against a licensed Arizona Contractor. For example, if they do shoddy or unauthorized work and file a mechanic's lien. Things of that nature. The complaint gets filed with the Arizona Registrar of Contractors ("AZROC").

Here is a link to the form: https://roc.az.gov/sites/default/files/forms/RCC099L_line-limit_2-2019.pdf

Note: Make sure you are alleging a proper ground for discipline against the contractor. These grounds are listed in Arizona Revised Statutes: https://www.azleg.gov/ars/32/01154.htm and include:

A. The holder of a license or any person named on a license pursuant to this chapter may not commit any of the following acts or omissions:

1. Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

2. Departure from or disregard of:

(a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

(b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

3. Violation of any rule adopted by the registrar.

4. Failure to comply with the statutes or rules governing social security, workers' compensation or unemployment insurance.

5. Misrepresentation of a material fact by the applicant in obtaining a license.

6. The doing of a fraudulent act by the licensee as a contractor resulting in another person being substantially injured. For the purposes of this paragraph, a "fraudulent act" means a material misrepresentation that a licensee makes, that is relied on by another person and that results in damage to that person or that person's property.

7. Conviction of a felony.

8. Failure in a material respect by the licensee to complete a construction project or operation for the price stated in the contract, or in any modification of the contract.

9. Attempting to evade this chapter by:

(a) Aiding or abetting a licensed or unlicensed person.

(b) Acting or conspiring with a licensed or unlicensed person.

(c) Allowing one's license to be used by a licensed or unlicensed person.

(d) Acting as agent, partner, associate or otherwise of a licensed or unlicensed person.

10. Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

This is only a partial list, check with your local real estate lawyer for more information.

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