In A.R.S. § 32-1155(D), the Legislature provides two different grounds that prohibit the Registrar from issuing a workmanship citation.
Here, we are focusing on one of those grounds: the Registrar cannot issue a citation if the contractor’s work has been modified.
Here is the statutory text in bold:
D. The registrar may not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards if either:
1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar.
2. The contractor’s work has been subject to neglect, modification or abnormal use.
What does this mean in actual practice?
If a homeowner has a contractor’s work corrected by another contractor before an ROC complaint is filed, or before the Registrar investigates or issues a citation, then the Registrar will close the complaint.
There could be situations in which the contractor’s work might have been “neglected” or subject to “abnormal use.”
But the most common way that A.R.S. § 32-1155(D) comes into play in ROC cases is when the homeowner’s case is dismissed because the homeowner already fixed the contractor’s work.
