Q ‘ “hs hoy Som, a ~e eo) STATE OF FLORIDA i Py DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION®/~’ “2, CONSTRUCTION INDUSTRY LICENSING BOARD i S> DIVISION I DEPARTMENT OF BUSINESS AND - PROFESSIONAL REGULATION, OO 459! pL Petitioner, Case No. 99-02814 vs. MEHRDAD SHAHGODARI, Respondent. . / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MEHRDAD SHAHGODARI, ("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 C047089. 3. Respondent's last known address is 2161 NE 35‘ Street, Lighthouse Point, Florida 33064. 4. At all times material hereto, Respondent was the licensed qualifier for A Max Construction Corp (hereinafter referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. 5. Section 489.1195(1) (a), Florida Statutes, provides that all primary qualifying agents for a 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. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. On or about July 18, 1998, the Contractor entered into a contract with Robert Steinhauser (hereinafter referred to as “Customer”) to renovate his home at 3428 Buchanan Street, Hollywood, Florida for Twenty-Five Thousand dollars ($25,000.00). 8. The Customer paid the Contractor Five Thousand doliars ($5,000.00) towards the contract price. 9. The Contractor failed to perform any of the work contracted for without just cause ox proper notification to the Customer. 10. Based upon the foregoing, the Respondent violated Section 489.129(1) (k), Florida Statutes (1997), 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 IT 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through nine as though fully set forth in this Count II. 12. The renovation work on the Customer’s home never commenced and the Contractor failed to refund the Customer’s deposit. 13. At the time the Contractor ceased work on the Customer’s project, the percentage of completion was zero and twenty percent of the contract price was paid to the Contractor. 14. Based upon the foregoing, the Respondent violated Section 489.129(1) (h)2, Florida Statutes (1997), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT III 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through nine and twelve through thirteen as though fully set forth in this Count III. 16. Section 489.1425, Florida Statutes, provides: “(1) Any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining consumer rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.” 17. The Contractor failed to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund. 18. Failing to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund constitutes a violation of the foregoing provision of Chapter 489, Florida Statutes. 19. Based on the foregoing, the Respondent violated Section 489.129(1) (3), Florida Statutes (1997), 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 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through nine, twelve through thirteen, and sixteen through eighteen as though fully set forth in this Count IV. 21. Section 489.119(2), Florida Statutes (1997) provides: “if the 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 the fictitious name, if any.” 22. The Contractor failed to obtain a qualifying business certificate of authority. 23. Failing to obtain a qualifying business certificate of authority constitutes a violation of Section 489.119(2), Florida Statutes (1997). 24. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1)(j), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. 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 gt. day of COUNSEL FOR DEPARTMENT: F i lation Diane Snell Perera Department of Business and Pression Ragu Senior Attorney DEPUTY CLE Department of Business and M; ! J Professional Regulation Pardo ’ 401 NW 2 Avenue #N607 CLERK Miami, FL 33128 %-\5- 000 (305) 377-7115 DATE DSP/sb 5/22/00 w CP: 07/24 /foo | 6 (e- ‘b (UE

Docket for Case No: 00-004551PL