Cone 5 FILEn Dlytsi ACHINIS TAD STATE OF FLORIDA HeISTRAT Ve DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION“ CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION Il DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, DBPR Case No. 98-23021 Vv. po- 20 7A KELLY SMITH FORD, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board against KELLY SMITH FORD, (“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 Ceritfied Roofing Contractor in the State of Florida, having been issued license number CC C057724. 3. Respondent's last known address is 1909 49th Street South G-18, Gulfport, Florida 33707. i} | ; if l i / i : iH | i VAs? gO . 4. At all times material hereto, Respondent was licensed wih the Florida Construction Industry Licensing Board as an individual. 5. On or about August 12, 1998, Andrew J. Ostergaard ("Ostergaard"), d/b/a Thorough Advanced Reliable Construction, Inc. ("Reliable Construction") submitted a proposal to Samos Corner, Inc. ("Samos") to re-roof a commercial structure at 6801 Gulfport Boulevard, South Pasadena, Florida (the "Property"), for a total contract price of seventeen ‘thousand dollars ($17,000.00). | 6. At no time material hereto, was Ostergaard licensed to engage in the practice of contracting with the Florida Construction Industry Licensing Board. 7. At no time material hereto, was Thorough Advanced Reliable Construction, Inc. a licensed entity with the Florida Construction Industry Licensing Board. . 8. Respondent either knew or had reasonable grounds to know that Ostergaard and Reliable Construction were neither certified nor registered to engage in the practice of contracting in the State of Florida. 9. For some unknown reason, on or about August 13, 1998, Kelly Ford Roofing Contractor entered into a contract with Samos for the same work contracted on August 12, 1998 as referenced in paragraph 5 above. - 10. “The second contract was signed by Ostergaard on behalf of Kelly Ford Roofing Contractor. 11. At no time material hereto, was Ostergaard an employee of Respondent and/or Kelly Ford Roofing Contractor. os . ; a 12. At no time material hereto, was Kelly Ford Roofing Contractor licensed entity with the Florida Construction Industry Licensing Board nor did that name appear on Respondent's license. 13. On or about August 16, 1998, Respondent, d/b/a Kelly Ford Roofing Contractor, entered into a subcontract with Ostergaard d/b/a Reliable Construction, to provide the labor for the aforementioned project. 14. | The total subcontract price was nine thousand seven hundred fifty dollars ($9,750.00). 15. Between August 21, 1998 and August 27, 1998, Ostergaard accepted eleven thousand four hundred dollars ($11,400.00) from Samos to complete the work on the project. 16. Onor about August 20, 1998, the City of South Pasadena Building Department issued permit number 7837, by and through Respondent's licensure, for the aforementioned roofing project. 17. Ostergaard and/or Reliable Construction began work on the project, however, to date they have failed to complete the project. 18. At the timé construction ceased, the project had not passed a final inspection by the Pinellas County Building Department and/or the City of South Pasadena Building Department. 19. Respondent assumed responsibility on the project by obtaining the building permit, however, Respondent neither performed any work on the project nor supervised the work performed on the project by Ostergaard and/or Reliable Construction. —_~ f A 20. Reliable Construction failed to ‘pay for materials and/or labét ordered by Suncoast Roofers Supply and as a result Samos paid Suncoast Roofers Supply two thousand eight hundred eight dollars and thirty-nine cents ($2,808.39). 21. Samos was forced to hire subsequent contractors, including but not limited to, Joe C. Pierce Roofing Incorporated (RC 0052972), to complete and repair the roof. 22. Samos paid a total of approximately forty-six thousand five hundred thirty-two thousand dollars thirty-seven cents ($46,532.37) to complete the roof on the Property, which is approximately twenty-nine thousand five hundred thirty-two dollars and thirty-seven cents ($29,532.37) over and above the original contract price. COUNT I 23. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as though fully set forth herein. 24. ‘Based upon the foregoing, Respondent violated Section 489.129(1)(e), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. . COUNT I 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as though fully set forth herein. 26. Based on the foregoing, Respondent violated Section 489.129(1)(h)3., Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the . a contractor's job has been completed, and it is shown that the customer has had 6 pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of the circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. COUNT III 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as though fully set forth herein. 28. Based on the foregoing, 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 deemed 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 days. COUNT IV 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as though fully set forth herein. 30. . Based on the foregoing, Respondent violated Section 489.129(1)(g), Florida Statutes, by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. YY WHEREFORE, Petitioner respectfully requests the Construction Industry TGensing Board to enter an Order imposing ore or more of the following penalties: place the license on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to the 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 7? dayof_ Arnie , 2000. Lakrt & Od\cond By: Cathleen E. O’Dowd Lead Construction Attorney (Pcp) Marah 8A, 20CO DIVISION IL : Sudan Stokes/ Meith lawsen,¢ COUNSEL FOR DEPARTMENT: F 1 LED Robert A. Crabill Department of Business and Professional Regulation Assistant General Counsel DEPUTY CLERK FL Bar Number: 0134473 Department of Business and cucmet nando Michele Professional Regulati . Northwood Centre pare U-1%-2000 1940 North Monroe Street Tallahassee, FL 32399-2202 Case # 98-23021

Docket for Case No: 00-003072PL