STATE OF FLORIDA 07 / * DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION dip * Se CONSTRUCTION INDUSTRY LICENSING BOARD ; 3 DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ~ Petitioner, vs. ; , Case No. 99-02187 01-34 J4PL FRED T. GARRETT, . . | Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against FRED T. GARRETT, ("Respondent"), and says: 1, Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified General ; Contractor, in the State of Florida, having been issued license number CG C059414. 3. Respondent's last known address is 3700 NE 28th Avenue, Lighthouse Point, Florida 33064. . 4. Atall times material hereto, Respondent was the licensed qualifier for Fred T. Garrett Construction, Inc. ("FTG Construction"). 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying + esx eC SC 2 AAS Ushers sete agents fora business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. The Respondent failed to obtain a Certificate of Authority for FTG Construction as required by Section 489.1 19(2), Florida Statutes. 7. Onorabout January 10, 1998, William Kerrigan, doing business as Lakeview _ Concepts, Inc.("Lakeview") and not licensed by the CILB, entered into a contract with Shek Kong to set up and build a dry cleaning store at 5171 S. University Drive, Davie, Florida. 8. Kong paid Lakeview a total of $17,770.00 through check numbers 2010 and 2336. 9. In or around J anuary 1998, Lakeview hired the Respondent to ‘Perform demolition work on the aforementioned property. 10. From January through June of 1998, the Respondent performed demolition work " on the aforementioned property. | . . 11. | Onorabout June 1 7, 1998, permit 98-00002349 was issued to the Respondent to perform alterations on the aforementioned ‘Property. 12. (Ono or around July, 1998, Lakeview stepped out of the project. 3 “On or about July 30, 1998, the Respondent, doing business as FTG Construction, contracted with Kong to complete the uforementiond project in 60 or 90 days. 14, _ The total contract price was $22,300.00. 15. The contract did not contain a written Statement explaining the consumer's right under the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. EPR oer ae ba ncihhamednetiesieiaiatticiindtiiail 16. From August through September of 1998, the Respondent received payments totaling $6,600.00 from Kong. 17. On or about November 6, 1998, the Respondent had not completed the project and ceased work. | 18, __ The Respondent's work was of poor quality. . 19. On or about November 14, 1998, Douglas Frankow, license number CB C052960, submitted an estimate of $20, 562.00 to complete the Project. 20. On or about July 21, 1999, Frankow submitted a statement to the Petitioner describing the work on the project as substandard, incomplete, and constructed incompetently. 21. — On or about June 30, 1999, Kong contracted with George Settergren, license . number CG C045306, to complete the project. . : | 22. The total contract price with Settergren was $22, 124.46. 23, On or about August 2, 1998, a Certificate of Occupancy was issued for the project. 7 Lo . 24. ° Onor about July 20, 1999, a Default Judgment was entered against the Respondent, in favor of Kong, for case number 98-9905, in the Circuit Court of the 17th Judicial Circuit, in and for Broward County, Florida. COUNT 1 os 25. ‘Petitioner Tealleges and i incorporates the allegations set forth is in Paragraphs One through Twenty-Four as though fully set forth herein. 26. ~ “Section 489. 12708), Florida Statutes, provides that a certified dorresiered oo contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. This paragraph does not prohibit a contractor from applying for or obtaining a building permit to allow the contractor to perform work for another person without compensation or to perform work on property that is owned by the contractor. 27. Based on the foregoing, the Respondent violation Section 489.129( 1)G), Florida _ Statutes, by failing in any material respect to comply with the provisions of this part or violating arule or lawful order of the board. COUNT II 28. Petitioner realleges and incorporates the allegations set forth in Paragraphs. One through Twenty-Four as though fully set forth herein. 29. Section 489.119(2), Florida Statutes, requires that if an applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where. . the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under a fictitious name, if any. A Statutes, by failing in a material respect to comply with the provisions of Part I of Chapter 489. 30. “Based on the e foregoing, the Respondent violated Section 489, 129(1)G), Florida 3 ; | cegee segue ppemener «pee pee ihe ce ith aM pe Re re nine te tm eR ERTS ES RAT a a COUNT II} « . 31. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twenty-Four as though fully set forth herein. 32. Section 489.142(5)(1) provides that any agreement or contract for repair, . restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's ri ghts under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 33. Based on foregoing, the Respondent violated Section 489. 129(1)G), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT IV 34. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twenty- Four as though fully set forth herein. 35. . Based on the foregoing, the Respondent violated Section 489.129(1)(k), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including . the reason for termination, or fails to perform work without just cause for 90 consecutive days. . COUNT V ~ . 36. - Petitioner realleges and incorporates the allegations set forth in Paragraphs One | through Twenty- Four as though fully set forth herein. 37. Based on the foregoing, the Respondent violated Section 489.129(1)(n), Florida 5 ae tannin ae eae ot < nesta E Statutes, by committing incompetency or misconduct in the practice of contracting, e COUNT VI 38. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twenty- Four as though fully set forth herein. 39. Based on the foregoing, the Respondent violated Section 489.129( 1)(0), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. | WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, “reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 548 day of Pesach L\ /, 2000. FILED Department of Business and Professional Raguiahion = ; _ DEPUTY CLERK — ’ PCP: August 29, 2000 Alford & Burke ee ae COUNSEL FOR DEPARTMENT: Patrick F. Creehan Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 PFC/km Case # 99-02187 ot

Docket for Case No: 01-003479PL

Orders for Case No: 01-003479PL