Whether the Respondent is entitled to an award of attorney's fees and costs pursuant to Section 57.111, Florida Statutes.Despite ultimate dismissal of case, agency demonstrated that its actions were substantially justified at the time it initiated the proceeding; Respondent not entitled to fees and costs under Section 57.111, Florida Statutes.
The issues in this case are: (1) whether Respondent contracted to perform certain marine specialty construction services and, if so, whether Respondent failed to obtain a building permit before starting such work; and (2) whether Respondent abandoned the job, thereby committing mismanagement or misconduct and causing financial harm to the owner.When estimator for contractor`s company acted outside the scope of his employment and entered into a contract with a homeowner, contractor not obligated to perform work under the terms of an agreement to which he was not a party.
