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Arizona ROC complaints require extensive documentation

| Oct 9, 2015 | Construction Law |

An Arizona property owner likely enters into a construction transaction with high hopes after careful thought about the contractor he or she is hiring. Unfortunately, however, sometimes a contractor does not hold up their end of an agreement. In such a situation, it may become necessary for a homeowner or commercial property owner to file an ROC complaint against the contractor.

The Arizona Registrar of Contractors has formal requirements for filing a complaint. A homeowner must complete the required complaint form and include with it copies of all relevant documents, which may include permits, invoices, receipts and business cards. The property owner should not include photographs, building plans or sketches, or samples of products with the complaint. Investigators will visit the jobsite and perform a thorough investigation into the complaint’s allegations, taking pictures, reviewing plans, drawings or sketches, and inspecting samples, as necessary.

If the parties signed a written contract, it is essential to include a copy of the original signed construction contract, as well as all change orders. If the parties did not sign a written contract, or only have a proposal, bid or invoice, the filing party must provide a written statement detailing the parties’ agreement. Important information to contain in this written statement will include the reason there is no formal written contract, a description of the work to be performed under the contract, and any documents that may supplement the contract, such as a bid or proposal. Additionally, it is necessary to indicate the names of the parties involved in negotiating the contract, any details about a payment schedule and who was to receive payment, as well as an agreed-upon completion date.

There are many specific requirements to properly file an ROC complaint, including enclosure of proof of payment. It is important to thoroughly document why a property owner is filing the complaint. If a property owner has a serious dispute with a contractor it may be wise to seek legal advice.

Source: azroc.gov, “Complaint Form Instructions & Checklist”, accessed Oct. 2, 2015

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