FILER STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL necunet Re) PH I2, 8 CONSTRUCTION INDUSTRY LICENSING BOARD pj), DIVISION I & II “Sra DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 99-08601 vs. MANUEL RIVERO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MANUEL RIVERO, ("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 ail times material hereto, a Certified General Contractor and a Certified Roofing Contractor, in the State of Florida, having been issued license numbers CG C010229 and CC CO010868. 3. Respondent's last known address is 59 East 16° Street, Hialeah, Florida 33010-3125. 4, At all times material hereto, Respondent was the licensed qualifier for Rivero Construction, Inc. (hereinafter referred to as "RCI") and was responsible in such capacity for all of its contracting activities. COUNT I 5. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four as though fully set forth in this Count I. 6. On or about June 19, 1996, Manuel Chamizo entered into a contract with Edgar Baez for the construction of a parking lot at 4719 and 4735 Palm Avenue, Hialeah, Florida, for $7,090.00. Pursuant to an agency relationship with, or an assignment from, Baez, or by some other means, Baez’s rights and obligations pursuant to the contract were, or shortly thereafter became, RCI’s. 7. At the direction of Baez, payments pursuant to the contract were to be paid to RCI. Pursuant to that direction, Chamizo made payments to RCI totaling $6,440.00. 8. RCI performed or attempted to perform, but did not complete, the work called for by the contract. On or about August 1996, while working on the project, RCI broke a water main, causing the jobsite to be flooded. At that time RCI terminated the project without just cause or notification to Chamizo, and thereafter RCI performed no further work. 9. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (k), Florida Statutes (1995), 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 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and six through eight as though fully set forth in this Count II. 11. On or about June 15, 1998, Chamizo filed a lawsuit, Case #98-9279 CC23, in the County Court in and for Miami-Dade County, Florida, against Edgar Baez and RCI, seeking entry of a civil judgment against the defendants for breach of contract and other matters related to or arising out of the June 19, 1996 contract. 12. On or about August 18, 1998, a Final Judgment was entered in favor of Chamizo and against Edgar Baez and RCI in the principal amount of $8,490.00, plus costs in the amount of | $228.00, for a total of $8,718.00. 13. CILB Rule 61G4-17.001(23), Florida Administrative Code, reads as follows: For purposes of Section 489.129(1) (xr) [now Section 489.129(1) (q)], F.S., “reasonable time” means ninety (90) days following the entry of a civil judgment that is not appealed. The Board will consider a mutually agreed upon payment plan as satisfaction of such a judgment so long as the payments are current. 14, The Respondent has failed to satisfy the judgment within a reasonable time. 15. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (r), Florida Statutes (1997), by failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. COUNT ITT 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through eight, and eleven through fourteen as though fully set forth in this Count III. 17. At all times material hereto, RCI failed to obtain certification or registration as, or obtain a certificate of authority as, a business organization as required by Section 489.119(2), Florida Statutes. 18. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (3), Florida Statutes (1995), 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 K day of « < o a , 2000. CATHLEEN E. O! DOWD LEAD CONSTRUCTION ATTORNEY FILED” Department of Business and Professional Regulation COUNSEL FOR DEPARTMENT: DEPUTY CLERK Theodore R. Gay {2 y WN icelt Assistant General Counsel CLERK Department of Business and & - - Professional Regulation DATE (3 2000 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 TRG/sb 3/17/00 Case #99-08601 fer. os|a4)5> 5 Burkert berename Wee + Lier

Docket for Case No: 01-000721PL