Notice of Review and Appeal Rights by J7G2UPN

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									                BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
                              STATE OF OREGON
                                    for the
                     CONSTRUCTION CONTRACTORS BOARD


In the Matter of the Arbitration between:

DAVID E. KRUEGER,                                             File No.: 135935-105
Complainant
                                                           ARBITRATION AWARD
and

C & S ROOFING, INC.,
Respondent


                                      HISTORY OF THE CASE

       Complainant David E. Krueger filed this complaint with the Construction Contractors
Board (CCB) on December 27, 2007, alleging that respondent C & S Roofing, Inc., breached a
contract to install a metal roof at complainant's property at 18280 S. Old Clarke Road, Mulino,
Oregon. The CCB did not issue a proposed order. Complainant filed a Statement of Monetary
Damages in the amount of $15,000.00.

      On July 25, 2008, the CCB referred this complaint for binding arbitration to the Office of
Administrative Hearings (OAH) pursuant to ORS 701.148 and 701.149 and Oregon
Administrative Rules (OAR) 812-004-0590. Neither party requested a contested case hearing.

        On October 2, 2008, the OAH served a First Amended Notice of Arbitration Hearing on
the parties, setting the matter for arbitration on December 29, 2008, and including a copy of the
administrative rules contained in OAR chapter 812, division 10. The parties participated in a
telephone prehearing conference on October 24, 2008.

         The arbitration proceeded as scheduled in Eugene, Oregon, before Arbitrator James W.
Han. Complainant David Krueger appeared and testified. Tim Krueger and William Rogge also
testified for complainant. No one appeared for respondent.

       The record consists of the hearing audio recording and Exhibits 1 through 91 and C1
through C12, which were admitted into evidence at the hearing without objection.

                                               FINDINGS

      Complainant hired respondent to install a metal roof on complainant’s shop structure for
$14,838. Complainant paid respondent in full for the work.

       Respondent improperly installed parts of the roof and failed to complete the installation.
Respondent installed the roof with a slope that allowed water and debris to collect and remain on
the roof rather than to drain completely off. Damage due to standing or ponding water is not

Krueger v. C & S Roofing, Inc., CCB File No. 135935-105
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covered by the roof manufacturer’s warranty. Respondent also failed to install a water barrier
and flashing around the vents and chimney. Complainant hired another licensed contractor to
complete the roof and repair respondent’s improper work for $9,636.38.

        Based on the foregoing, and in accordance with ORS chapter 701 and OAR chapter 812,
division 10, I conclude that respondent's improper work damaged complainant in the amount of
$9,636.38. Complainant is also entitled to recover the $50 processing fee. Therefore I hereby
enter the following:

                                                 AWARD

       Respondent shall pay complainant $9,636.38 plus the $50 processing fee, for a total of
$9,686.38.


Dated this 21st day of January, 2009



                                                      James W. Han, Arbitrator




Krueger v. C & S Roofing, Inc., CCB File No. 135935-105
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